Monrovia, Liberia – In response to a petition submitted by seven lawmakers, the Supreme Court of Liberia has summoned Augustine Kpehe Ngafuan, Minister of Finance and Development Planning, and Emmanuel Kopi, Comptroller of the House of Representatives.
Justice in Chambers Ceanneh Clinton Johnson issued the summons, which requires Ngafuan and Kopi to show up and submit their returns by March 10, 2025, at the latest, outlining the reasons why the writ of mandamus shouldn’t be granted.
Through their attorney, Cllr. Jonathan Massaquoi, the seven lawmakers Marvin Cole, Frank Saah Foko, Alex Noah, Edward Papie Flomo, Abu Kamara, Eugene Kollie, and Zinnah Norman filed the petition, requesting that the government pay their salaries and benefits, which they claim have been withheld for four months.
The respondents are required to reply to the petition before the Supreme Court, according to the writ of summons, dated February 27, 2025, which states: “YOU ARE HEREBY COMMANDED to notify the Ministry of Finance and Development Planning, represented by Honorable Augustine Kpehe Ngafuan, and Mr. Emmanuel Kopi, Comptroller of the 55th Legislature, and all those under their control, also of the City of Monrovia, Montserrado County, Republic of Liberia. YOU ARE FURTHER COMMANDED to instruct the RESPONDENTS herein to file their RETURNS to this Writ in the Office of the Clerk of this Honorable Court on or before the 10th day of March, A.D. 2025.”
The lawmakers argue that they should get full salary as specified in the national budget as they were lawfully elected to the 55th Legislature. They claim that, since October 2024, their pay and benefits have been illegally withheld, in contravention of both Liberia’s public service rules and their constitutional rights.
The Supreme Court can issue remedial writs, including mandamus, against officials who do not fulfill their statutory responsibilities, according to Article 66 of the 1986 Constitution, which is cited in the petition.
According to Count Two of the appeal, the lawmakers are constitutionally entitled to their wages because they were elected on October 10, 2023, and took office on January 15, 2024. Count Five further claims that the self-described “Majority Bloc” is behind the salary withholding, ordering the House Comptroller and the Ministry of Finance to halt payments.
The petitioners maintain that salary withholding is against Liberia’s financial management laws and is unconstitutional. They stress that the Majority Bloc’s actions, including salary withholding, have previously been declared illegal by the Supreme Court.
To compel the Finance Minister and the House Comptroller to process and distribute their pay, the lawmakers are requesting a peremptory injunction of mandamus. Additionally, they want the Supreme Court to halt all case procedures until their petition is heard in its entirety.
It is anticipated that the Supreme Court’s decision would establish a precedent on the legality of government officials depriving elected members of their salary due to political disagreements. The legal dispute is anticipated to put Liberia’s judiciary’s independence in upholding financial norms and constitutional obligations to the test.
The petitioners argue that processing and disbursing pay authorized in the national budget is a statutory duty of the House Comptroller and the Ministry of Finance. According to Article 25 of the Constitution, which forbids undermining contractual agreements, they argue that the government’s nonpayment of them amounts to a breach of its contractual duties. Additionally, they allege that their rights are being violated by the rejection of their pay without a valid reason, citing Article 20(a), which requires due process.
