THE RECENT THREAT by the Supreme Court of Liberia to strike down the government’s operations points to a growing rift between the branches of government.
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 have reached 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 Dobor Jallah, 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 SENATOR, the judiciary has expressed frustration at the lack of funding allocated to them in the national budget, with Chief Justice Sie-A-Nyene G. Yuoh warning of potential legal action if the issue is not addressed.
THE CHIEF JUSTICE emphasized the constitutional right of the judiciary to strike down any law that contradicts the Constitution, including the current budget allocation. The judiciary has been allocated a mere 2.8% of the national budget, hindering its ability to carry out its duties effectively. Despite numerous appeals for a more equitable distribution of funds, the judiciary has been left with no choice but to take a stand against the perceived neglect by the other branches of government.
IN EARLY MAY, 2024, then Chief Justice of the Supreme Court of Liberia, Her Honor, Sie-A-Nyene Gyapay 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 ULTIMATUM ISSUED by the Supreme Court serves as a reminder of the significance 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. The lack of adequate financial support to the judiciary over the years has resulted in deteriorating infrastructure, lack of logistics, and worsening conditions of service. This not only impairs the judiciary’s ability to uphold the rule of law but also undermines the principles of good governance.
IT IS BINDING that the branches of government work together in coordination, collaboration, and mutual respect to uphold the rule of law and ensure good governance. The current standoff between the judiciary and the other branches of government must be resolved through dialogue and a commitment to upholding the Constitution. We believe that the failure to address this issue could have far-reaching implications for the country’s governance and the rule of law.
