-As Supreme Court Threatens to Shutdown Boakai’s Government Operation
By: G Bennie Bravo Johnson I
The Supreme Court of Liberia has threatened to strike down the government’s operations if the judiciary is not given equal consideration in the national budget.
At the 10th Day Sitting of the 2nd Quarter of the 1st Session of the House of Representatives (HoR) of the 55th Legislature, Tuesday, June 18, 2024, Speaker J. Fonati Koffa threatened a potential closure of the House, if both branches (Legislature and Executive ) of government would not havereached a reasonable resolution. He said, “I will tell you this, if we can not come to a resolution pretty soon, we will shut this House of Representatives down.”
Koffa expressed disappointment in the Executive, after being informed by the Commissioner General of the Liberia Revenue Authority (LRA) James DoborJallah, that the LRA has generated three hundred and sixteen million, four hundred and forty-nine thousand dollars, even though members of the House of Representatives (HoR) didn’t receive more than two months of their benefits.
Like the Speaker, Chief Justice Sie-A-Nyene G. Yuoh recently expressed frustration at the lack of regard shown by the legislature and executive branches towards the judiciary. Despite numerous appeals for a more equitable distribution of funds, the judiciary has been allocated a mere 2.8% of the national budget, hindering its ability to effectively carry out its duties. The Chief Justice emphasized the judiciary’s constitutional right to strike down any law that contradicts the Constitution, including the current budget allocation. She warned that failure to address this issue could result in legal action to ensure compliance with the law.
While the judiciary has tried to maintain a spirit of cooperation with the other branches of government, the Chief Justice indicated that further action may be necessary to uphold the principles of equality and justice outlined in the Constitution. The Supreme Court’s ultimatum serves as a reminder of the importance of respecting the separation of powers and ensuring that all branches of government are given the resources needed to fulfill their respective roles in governing the country.
At the conference which was held in the presence of justices of the Supreme Court, judges of the subordinate court, and other relevant stakeholders of the Judiciary, the chief justice intimated that the position of the Supreme Court is premised on section 21.3 of the New Judiciary Law (as amended 2006), titled, “The Financial Autonomy Act” which provides that: “Judiciary Budget: The Supreme Court shall submit to the Bureau of the Budget annual estimates of the expenditure and appropriations, supplies and services including personnel, as well as funds appropriate for retirement pension and death benefits necessary for the maintenance and operation of the courts and such supplemental and deficiency estimates as may be required from time to time for the same purposes, according to law.
It continues, “All such estimates shall be included in the National Budget estimates without revision, but subject to any recommendation of the Bureau of the Budget which may be included with the transmittal of the National Budget estimates from the President ofLiberia to the Legislature for action thereon”. She said the provision aligns with article 72 (a) of the Constitution of Liberia, which enunciates the remuneration of Justices of the Supreme Court and Judges of subordinate courts.
In furtherance, Justice Yuoh added that it is within this legal framework that the Supreme Court, at the beginning of the budget process submitted a budget estimate of US$31 million to the Ministry of Finance and Development Planning for inclusion in the National Budget. However, she stated that the Minister of Finance disregarded the budget estimates submitted by the Court and instead submitted a different budget estimate of US$17million to the Legislature for the Judiciary without any legal authority, and reference to the Supreme Court.
The Chief Justice continued by recalling that after a series of attempts, at the matter, on July 5, 2024, the Supreme Court again took the liberty to write to the President, expressing its utmost disappointment and dismay about this situation which the court believes is contrary to the spirit of the tripartite meeting held on June 23.
In early May, 2024, then Chief Justice of the Supreme Court of Liberia, Her Honor, Sie-A-NyeneGyapay Yuoh, warned to invoke the constitution and the budget law on budget hearing if the judiciary is not involved in the formation of the national budget going forward.
During the African Regional Group Meeting and International Conference of the International Association of Judges, Justice Yuoh emphasized that the judiciary is not a Ministry under the Executive and should not be required to defend its budget before the national legislature. “Going forward, the judiciary must be a part of the national budget formation, and if we are not a part of the budget process, we will invoke the provision of the constitution and the budget law on the budget,” she said while addressing attendees of the Conference Wednesday, May 8, 2024, at the Ellen Johnson Sirleaf Ministerial Complex in Congo Town.
In the Supreme Court recent statement, she Insinuated that the posture of the Legislature and Executive leaves the court to wonder if indeed the commitment made at the meeting to have the three Branches of Government work in coordination, collaboration and mutual respect to uphold the rule of law is sincere. “On July 5, 2024, just over a week the Supreme Court again took the liberty to write to the President, as Head of Government, expressing its utmost disappointment and dismay about this situation which is contrary to the spirit of the tripartite meeting held on June 23.
The posture of the Legislature and Executive leaves us to wonder if indeed the commitment made at the meeting to have the three Branches of Government work in coordination, collaboration and mutual respect to uphold the rule of law is sincere.” The court, through the Cief Justice further noted that the Public Procurement and Concession Commission has refused to approve the procurement plan of the Judiciary which was drawn up based on the original estimates submitted to the Ministry of Finance and Development Planning thereby leaving the operations of the courts throughout the country, including the Supreme Court stranded.
The court continued by revealing that the Judiciary is unable to procure any operational materials, to facilitate the travel of judges to their assigned circuits for the ensuing August Term of Court which is scheduled to officially open on August 12, 2024. Stating that the budgetary appropriation provides no opportunity to restore the judges’ salaries which is an issue pending before this court.
“As we speak today, the Public Procurement and Concession Commission has refused to approve the procurement plan of the Judiciary which was drawn up based on our original estimates submitted to the Ministry of Finance and Development Planning thereby leaving the operations of the courts throughout the country, including the Supreme Court stranded. At this point, the Judiciary is unable to procure any operational materials, to facilitate the travel of judges to their assigned circuits for the ensuing August Term of Court which is scheduled to officially open on August 12, 2024, and more importantly, the present budgetary appropriation provides no opportunity to restore the judges’ salaries which is an issue pending before this court.” the court added.”
The court continued by stating that the lack of adequate financial support to the Judiciary by the National Government over the years has resulted in deteriorating infrastructure, lack of logistics, and worsening conditions of service at the Judiciary. In the opinion of the Chief Justice, the lack of sufficient budgetary allotment is substantially impairing the duty of the Judiciary Branch of Government as mandated by the provisions of Chapter VIl of the 1986 Liberian Constitution “We reiterate that the lack of adequate financial support to the Judiciary by the
National Government over the years, has resulted in deteriorating infrastructure (as many of our courts, including this very Temple of Justice the building is in deplorable conditions), lack of logistics, and worsening conditions of service at the Judiciary and this is substantially impairing the duty of the Judiciary Branch of Government as mandated by the provisions of Chapter VIl of the Liberian Constitution [1986] referred to supra,” With this, she believes that both the Legislative and Executive Branches of the Liberian Government do not regard the Judiciary as a Co-equal Branch of Government.
