Monrovia, Liberia – The Justices of the Supreme Court of Liberia have expressed profound disappointment and disapproval over the treatment of the Judiciary Branch by the Executive and Legislative branches regarding the 2024 budget appropriation.
In a special session on Friday, July 19, 2024, at the Supreme Court chambers, the full bench issued a statement threatening to use their constitutional power to strike down any law that contradicts the constitution or existing statutes, including the budget law.
“We, as the Supreme Court and head of the judiciary, are fully cognizant of our powers of judicial review and the constitutional authority to strike down any law that runs contrary to the Constitution,” Chief Justice Yuoh declared, emphasizing the court’s potential actions against the budget law.
Chief Justice Yuoh stressed that their actions have been taken in the spirit of cooperation and coordination among the three branches of government. “Unfortunately, we must be constrained to take actions to compel compliance, including but not limited to Article 2 of the 1986 Constitution,” she added.
She warned that if the situation is not immediately addressed by President Joseph Nyumah Boakai and the leadership of the Legislature, it could lead to a constitutional crisis. “This Bench will not accept such treatment of indifference and imposition from our co-equals in the government,” she asserted.
In a special session on July 19, 2024, the full bench issued a statement threatening to use their constitutional power to strike down any law that contradicts the constitution or existing statutes, including the budget law. Chief Justice Yuoh emphasized, “We are cognizant of our power of judicial review and the constitutional power to strike down any law which runs contrary to the constitution or other existing statutes, such as the budget law.”
The Supreme Court’s statement was triggered by the persistent disregard shown by the other branches concerning their appropriation in the 2024 fiscal budget, which allotted the Judiciary $17 million plus a one-off contingency amount of $3 million, totaling 2.8% of the national budget.
The Judiciary, through the Supreme Court, rejected the $17 million appropriation.
Chief Justice Yuoh declared that this appropriation was an imposition by the Legislative and Executive branches on a co-equal branch of government. Upon the passage of the 2024 fiscal budget, the full bench of the Supreme Court brought the issue to President Boakai’s attention.
A meeting among the three branches of government was convened on June 23, 2024, to address the budgetary concerns of the Judiciary.
The Supreme Court’s position is based on Section 21.3 of the New Judiciary Law (amended 2006), titled The Financial Autonomy Act.
This section mandates that the Judiciary’s budget estimates be included in the National Budget without revision, except for recommendations by the Bureau of the Budget.
This aligns with Article 72(a) of the Constitution of Liberia, which ensures the remuneration of Justices and Judges.
At the beginning of the budget process, the Supreme Court submitted a budget estimate of $31 million to the Ministry of Finance and Development Planning (MFDP).
However, without legal authority or consultation with the Supreme Court, then-Finance Minister Boimah S. Kamara submitted a different budget estimate of $17 million for the Judiciary to the legislature. Upon passage of the 2024 national fiscal budget, a contingent amount of $3 million was appropriated, termed as a “one-off/non-recurrent” appropriation for Judges’ benefits.
Chief Justice Yuoh stated that a second communication was sent to President Boakai on July 5, 2024, expressing the Judiciary’s utmost disappointment regarding their budget.
The Judiciary has been unable to procure operational materials or facilitate judges’ travel due to the inadequate budgetary appropriation. The current appropriation also fails to restore Judges’ salaries, an issue pending before the court.
The Judiciary views this budgetary appropriation as unfair, unjust, and an attempt to render the Liberian Judiciary ineffective and inefficient.
The Supreme Court emphasized the need for the national government to uphold the rule of law and respect the financial autonomy and operational needs of the Judiciary to ensure justice and effective governance in Liberia.
