The legal team of the suspended Governor of the Central Bank of Liberia, Mr. J. Aloysius Tarlue, has petitioned the Justice in Chambers of the Supreme Court, His Honor Yussif D. Kaba, to issue a writ of prohibition against his suspension.
A copy of the filed petition for prohibition, obtained by Verity News, calls for the respondent, the Government of Liberia (GOL), to show cause why the peremptory writ should not be issued.
Tarlue’s lawyers, in a petition filed on August 2, 2024, argue that their client has a definite five-year term to serve and cannot be dismissed by the President of Liberia or removed from performing his duties except through impeachment by the National Legislature, as provided for in Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999).
Mr. Tarlue was suspended by President Josep N. Boakai on July 30, 2024, based on six counts referencing a damaging audit report, as outlined in the suspension letter also in the possession of Verity News.
Background of Tarlue’s Appointment
Mr. Tarlue was appointed as Executive Governor of the Central Bank on July 15, 2021, for a five-year term.
According to the Amended and Restated Act Establishing the Central Bank of Liberia (1999), he cannot be removed from this position except through impeachment by the National Legislature.
In his petition, Tarlue’s legal team argues that his suspension violates the tenure protection provided under the Central Bank Act, which stipulates that the removal of the Executive Governor can only occur through impeachment.
They assert that the suspension, which effectively removes him from office without a hearing, violates Article 20(a) of the 1986 Constitution of Liberia, which guarantees due process before deprivation of life, liberty, or property.
Tarlue’s lawyers further contend that the actions of the Executive Branch infringe on the separation of powers, as the removal of officials with tenure protection is a function reserved for the Legislature.
They argue that allowing the Executive Branch to suspend officials under the guise of pending investigations could set a dangerous precedent, potentially undermining the independence of all three branches of government.
Suspension Letter and Audit Findings
The suspension letter from President Boakai, dated July 30, 2024, references a compliance audit conducted by the General Auditing Commission (GAC), which highlighted serious irregularities in the operations of the Central Bank.
The audit report cited non-compliance with the CBL Act, the Revenue Code of Liberia, the Public Financial Management Act, the Public Procurement and Concession (PPCC) Act, and internal CBL policies.
Notably, the audit pointed out the CBL’s failure to provide its accounting software and the fiscal year 2023 financial statements to the GAC.
President Boakai’s letter suggested that Tarlue’s suspension is necessary pending further investigation into his stewardship of the CBL.
However, Tarlue’s petition claims that this suspension is a de facto removal, as it strips him of his ability to perform his duties without the due process mandated by law.
What Do Tarlue’s Lawyers Want?
Tarlue’s legal team, led by Gongloe & Associates, Inc., is requesting the Supreme Court to issue an alternative writ of prohibition, which would stay his suspension and prevent further actions by the Executive Branch against him.
They are also seeking his reinstatement with all associated benefits until a lawful determination is made regarding his tenure.
The petition has raised critical questions about the balance of power between Liberia’s Executive Branch and the judiciary, as well as the independence of key institutions like the Central Bank.
As the case proceeds, it is expected to draw significant public and legal scrutiny, given its implications for governance and the rule of law in Liberia.
The Supreme Court’s decision in this matter will be closely watched, as it will not only determine the fate of Tarlue but also set a precedent for the treatment of tenure-protected officials in Liberia.
The outcome could have far-reaching consequences for the separation of powers and the accountability of public officials within the country.
Below are the Court Documents:
