The legal battle between suspended Central Bank of Liberia (CBL) Governor Aloysius Tarlue and the Government of Liberia (GOL) which has reached the Supreme Court began on Tuesday, August 6, 2024.
The court began hearing arguments on August 6, 2024, concerning Tarlue’s request for a writ of prohibition to contest his suspension by President Joseph Boakai.
The session was presided over by Justice Yusuf Kaba, with a decision expected on Friday. Both legal teams were present: Tarlue was represented by Cllr. Tiawon Gongloe’s firm, while the government’s position was also articulated.
Tarlue, who is challenging the suspension as unjust, is also believed to be seeking $1.3 million in benefits should he be forced to resign.
The Supreme Court’s decision will determine whether President Boakai’s actions adhered to legal standards in suspending the CBL Governor.
This case follows President Boakai’s suspension of Tarlue on July 30, 2024, prompted by an audit report from the General Auditing Commission (GAC) highlighting significant compliance failures at the CBL from 2018 to 2023. Tarlue disputes the suspension, alleging it is both illegal and unconstitutional.
The suspension was enforced without pay, citing alleged violations of financial regulations, including the CBL Act of 1999, the Revenue Code of Liberia Act of 2011, and the Public Financial Management Act of 2009.
In his suspension notice, President Boakai stated, “Dear Hon. Tarlue: I write to inform you that you are hereby suspended from office as Executive Governor of the Central Bank of Liberia, without compensation, pending the results of an investigation that I have ordered into your stewardship of the Central Bank of Liberia. The decision to suspend you is based on the Auditor General’s Report from the Compliance Audit of the Central Bank for the fiscal years 2018-2023.”
In response, Tarlue, through Gongloe & Associates, Inc., filed a petition for a writ of prohibition, arguing that the suspension was illegal and that his removal could only occur through impeachment by the National Legislature.
His legal team referenced Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which outlines the qualifications and appointment procedures for CBL executives.
As the Supreme Court deliberates, the outcome will have significant implications for the governance of Liberia’s central banking system and the separation of powers between the executive branch and independent institutions.
