Monrovia, Liberia – J. Aloysius Tarlue, Jr., the suspended executive governor of the Central Bank of Liberia (CBL), has filed a case with the Liberian Supreme Court contesting his suspension, posing serious concerns regarding the legitimacy of his dismissal and the exercise of executive authority.
According to sourcs, Tarlue asked for US$1.3 million in exchange for his resignation, but his request was denied. According to sources close to the government, President Joseph N. Boakai suspended him as a result of the failure of the negotiations. In order for the government to allegedly go forward with the removal of Tarlue, the Boakai-Koung adminstration used the Auditor General’s report on the compliance audit done by the General Auditing Commission (GAC) of the CBL for fiscal periods 2018-2023 to remove Tarlue from his position.
Presently, Tarlue is contesting his suspension, claiming that the President’s move was unlawful and unconstitutional. The CBL Act of 1999, the Revenue Code of Liberia Act of 2011, and the Public Financial Management Act of 2009, among other financial laws, are said to have been broken, leading to the immediate and unpaid suspension of the Former CBL Governor.
According to Section 14.4 of the Amended and Restated CBL Act, “The Senate may remove the Executive Governor, non-Executive Governor, or Deputy Governor from office only upon a Bill of Impeachment (emphasis supplied) submitted by the House of Representatives on the following grounds: (a) gross breach of duty; (b) misconduct in office; (c) conviction of a felony; (d) declared bankrupt; (e) disqualified or suspended from practicing his profession in Liberia by order of a competent authority made in respect of him personally; or (e) adjudged or otherwise declared to be a person of unsound mind or incapable of properly performing the functions of the office owing to ill health.
Tarlue further claimed that Article 20(a) of the 1986 Constitution is violated by his suspension. “No one shall be deprived of life, liberty, security of the person, property, privilege, or any other right, save as the result of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law.”
Tarlue CBL claimed that his unpaid suspension amounted to dismissal and that it was carried out without a hearing. He also claimed that the Legislature, which has control over the General Auditing Commission, should get all “Final Audits” from the GAC as required by law in his Supreme Court case.
Tarlue therefore argues that the removal of the Executive Governor of the CBL by law is exclusively the function of the Legislature and not the Executive Branch of Government, and that President Boakai’s suspension of him without affording him the chance to be heard by the relevant committee of the Legislature violates the theory of separation of powers under the Liberian Constitution.
In addition, Tarlue claimed that President Boakai’s appointment of an interim Executive Governor who serves as the immediate General Manager of a Competing Commercial Bank is a violation of Section 14.1 of the Amended and Restated Act, which established the CBL.
According to Section 14.1 of the Amended and Restated Act, which established the CBL, “Anyone who is (a) an official or salary employee of a government or other public entity, or (b) an official of a political party, or (c) an official or employee of a financial institution or beneficiary owner of an equity interest in a financial institution, shall not serve or remain an Executive Governor, non-Governor, or Deputy Governor of the Central Bank of Liberia.”
The petitioner claims that the respondent will be prohibited from committing any more crimes against the petitioner in order to reverse what has already been done illegally.
The petitioner claimed that if the respondent is not barred from engaging in such behavior, this arbitrary move could set a precedent for the suspension of Supreme Court justices and other protected authorities.
