The Judiciary Branch of the Liberian Government, through the Supreme Court of Liberia, has rejected its appropriations in the 2024 fiscal national budget of the Republic of Liberia.
In a release issued Monday, June 5, 2024, the Judiciary stated that it views the allocation of US$17million and a one-off “contingency” amount of US$3million, constituting 2.8% of the National Budget, as an imposition by
both the Legislative and Executive Branches of Government on a Co-Equal
Branch of the same government. Something the Judiciary says it is not prepared to accept.
Whilst the Supreme Court acknowledges and upholds the power bestowed
upon the Legislature to “make appropriations for the fiscal governance of the
Republic as enshrined in Article 34(d) of the Liberian Constitution [1986], the Court has also upheld the long-standing principle of constitutional interpretation which states in part, “The Constitution must be interpreted in light of the entire document rather than a sequestrated pronouncement, as every provision of the constitution is of equal importance.
It adds that none of the provisions of the constitution should be interpreted to nullify or substantially impair the other
provisions. The judiciary states that it is within the legal context that Chapter VII of the 1986 Liberian Constitution and the supporting statutes within the New Judiciary Law, impose a legal obligation upon the Judiciary Branch to effectively and efficiently manage the Supreme Court of Liberia and all of its administrative units, 22 Circuit Courts across the 15 political subdivisions of this country along with its judges and staff, 75 Specialized Courts across the 15 political subdivisions of this country with their judges and staff as well as 160 Magisterial Courts also across the 15 political subdivisions of this country with their magistrates and staff in order to ensure that the Rule of Law prevails within the borders of our country.
The release added that the lack of adequate financial support to the Judiciary by National Government over the years have resulted in deteriorating infrastructure, 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 1986 Liberian Constitution referred to supra.
The Judiciary in furtherance stated that it views the allocation of US$17 million and a one-off “contingency” amount of US$3 million, constituting 2.8% of the National Budget, as an imposition by both the Legislative and Executive Branches of Government on a Co-Equal Branch of the same government and an abuse of the power given the Legislature under article 34(d) of the constitution, in that, such appropriation undermines the function of another branch of government, which it is not prepared to accept.
In a release issued on Wednesday, June 5, 2024, the Liberian Judiciary noted
that in the spirit of coordination and cooperation, meetings were held with the leadership of the Legislature and the Presidency prior to the passage of this
year’s fiscal budget in which the Judiciary brought to the attention of its other two Co-equal Branches of the Liberian Government that the constant violation of the Financial Autonomy Act of the Judiciary Law, which consistently relegated an entire branch of government to a mere department under the Executive Branch, was not only undermining the Rule of Law in Liberia but also debasing a Co-equal Branch of Government.
The Judiciary release states that it appears evident, however, from the passage of the Fiscal Budget 2024, that both the Legislative and Executive Branches of the Liberian Government are not prepared to regard the Judiciary as a Co-equal Branch of the same government with attending needs as they have elected to appropriate a meager 2.8% of the National Budget to the Judiciary (the 2nd largest branch), whilst the Legislative Branch (the smallest) allocates 13.84% to itself and 83.36% to the Executive Branch despite assurances making that such serious concerns of the Judiciary were going to be addressed, even if not in its entirety.
The release disclosed that the Judiciary views it as unfair, unjust, and an attempt by the other two branches of government to further reduce the Liberian Judiciary to nothing; a condition
unacceptable to the Liberian Judiciary.
The Judiciary Branch of Government therefore calls on its Co-equals, the Legislative and Executive Branches, to take immediate action to address this very serious issue by revisiting the budget submission presented to the
Legislature, through the Ministry of Finance and Development Planning by Her Honor the Chief Justice in accordance with the Financial Autonomy Act of the New Judiciary Law to avoid any further obstruction of judicial functions within the Republic.
