Tarlue Alarms Potential Government Dictatorship By: Yassah J Wright

Suspended Executive Governor of the Central Bank of Liberia,  J. Alousius Tarlue, has sued the government of Liberia to the Supreme Court, demanding his reinstatement while terming his suspension as illegal and potential dictatorship. President Joseph N. Boakai in a letter dated July 30, 2024 from the Ministry of States bearing his signature, suspended Mr. Tarlue for alleged financial mismanagement. The President in his letter said  the decision to suspend Governor Tarlue is based on the Auditor General Report from the compliance Audit of the CBL for the fiscal years 2018-2023 “ I write to inform you that you are hereby suspended from office as Executive Director Governor of the CBL without compensation with immediate effect, pending the result of an investigation that I have ordered into your stewardship of the CBL,” the letter concluded.  However, the suspended CBL Governor, in his twenty courts petition for the writ of a prohibition with the Liberian Supreme Court filed August 2, 2024, said he is the Executive Governor of CBL, who was duly appointed in accordance with the controlling law of the CBL July 15, 2021 with a fiveyear tenure. However, he said the decision of President Boakai to have him suspended and subsequently replaced violates section 13.1 of the Amended and Restated Act Establishing the CBL (1999) without legal justification and Article 20 (a) of the 1986 Constitution of Liberia.  He further argued that subsection 4.2 (b) of the 2014 Act of the General Auditing Commission (GAC); captioned “Final Audit” says that the GAC shall submit audit report individually or group to the legislature, with copies to the President periodically, through the year as it deems appropriate. However, Mr. Talue contended that sections 4.2 (g) of the GAC Act of 2014 provides that in fulfilling its oversight obligations, the legislature, upon receipt of the audit report , shall discuss and debate matters of public interest contained in the audit report with the appropriate public official in the presence of the Auditor General or his or her representatives.  “Wherefore and in view of the foregoing, the petitioner prayed this court for the issuance of a stay order , the alternative writ and to show cause why peremptory writ should not issue and grant unto the petitioner such further relief as this court may consider just, legal and equitable and to declare the following; that the conduct of the executive is illegal and contrary to what normally obtains in such case and circumstances. Also, that the respondent conduct is tantamount to depriving the petitioner or his property right and right to work without due process. Finally, that prior to the determination of the petition, the respondent be ordered to reinstate the petitioner to his post with all his salary, emoluments and all other rights as though he was never removed from office by the respondent “he urged.  The petitioner further argued that his suspension by the Executive Branch through President Boakai , without being given the opportunity to be hear by the appropriate committee of the legislature, constitutes a violation of the doctrine of the speration of powers under the constitution, as his removal was by the law creating the CBL, exclusively made a function of the legislature. He pointed out that the a writ of prohibition is the only remedy available to him under the circumstances to undo what has been illegally done by the Executive Branch of government against him.  The embattled CBL boss also noted that prohibition will lie to undo what has also being illegally done by the respondent and to prevent the respondent from proceeding further to commit other illegal act against him.  “ The petitioner contends that if the respondent is not prohibited from removing from office officials in the three branches with tenures protected by law or whose removal can only be by impeachment or other legal procedure and for specifically stated legal grounds, then such arbitrary action by the government may become a precedent for the removal of other protected officials including members of the Supreme Court through suspension “ he laments.  He believes that if this is not address will make the Executive Branch of government a superior branch contrary to the intent of of the framer of the constitution, adding that the petition is being filed in good faith and is not merely intended to delay or baffle the work of the respondent in any form, manner and shape. Mr. Tule said that hence, the word suspension constitutes a slippery slope for all tenure officials in the three branches of government that needs to be made unavailable to the Executive by the Supreme Court. “ otherwise, Liberia will gradually slip into dictatorship by default of the court and through the tricks and chicanery of the Executive Branch, given that the word suspension as used by the Executive Branch for the removal of tenures officials of government is, conventionally, a cleaver attempts to circumvent the law” he added. Also, he contended that on June 16, 2005, the National Transitional Legislative Assembly of Liberia, amended and repealed Chapter 53 of the Executive Law of 1972 , creating the General Auditing office and placing it under the Executive Branch of government, granting it status of an independent autonomous agency amendable to the Legislature as clearly provided in section 1 of the aforementioned Amended Act.  He further noted that, his letter of appointment clearly states that by virtue of his appointment as Executive Governor, he had a definite term to serve and could not be dismissed by the President of Liberia or removed from performing his function, except by impeachment by the National Legislature.