MONROVIA, LIBERIA – On August 2, 2024, J. Aloysius Tarlue, the suspended Executive Governor of the Central Bank of Liberia (CBL), filed a writ of prohibition against his suspension by President Joseph Nyuma Boakai. Tarlue’s legal team contends that the suspension violates the provisions of the Central Bank Act and undermines the rule of law. The writ seeks to halt any further actions stemming from the suspension and calls for a judicial review of the President’s decision.
This legal challenge sets the stage for a potentially landmark ruling by the Supreme Court of Liberia, which will need to interpret the provisions of the Central Bank Act in this context. The Central Bank Act of 2020, which governs the operations and independence of the CBL, outlines specific procedures for the appointment and removal of the Bank’s Governor. According to the Act, the removal of the Governor can only occur under circumstances of proven misconduct, incompetence, or incapacity, and must be substantiated by concrete evidence. Part IV of the Act stipulates that any such decision must be backed by a resolution from the National Legislature, thereby preventing unilateral actions by the President. This framework is designed to ensure the independence of the Central Bank and protect it from political interference.
The suspension of Governor Tarlue was announced on July 30, following an audit conducted by the General Auditing Commission (GAC). The decision was disclosed by Information Minister Jerolinmek Piah during a press briefing at the Ministry of Information, Cultural Affairs, and Tourism (MICAT). Minister Piah stated that the suspension was a direct result of issues uncovered in the GAC audit report. “Governor Tarlue will be suspended to answer to the audit report by the GAC,” Piah declared. The audit scrutinized the operations and financial management of the Central Bank, revealing several concerns that prompted the government to take immediate action. The suspension is intended to facilitate a thorough review and resolution of these issues, ensuring that any discrepancies or mismanagement are addressed appropriately.
Recently, Rep. Musa Hassan Bility raised concerns over the suspension of Tarlue, questioning the legality of the action taken by President Joseph Boakai. In a statement posted on Facebook, Bility expressed his doubts about the President’s authority to suspend Tarlue, as outlined in the CBL Act. “Dear Mr. President,” Bility wrote, “in light of my interpretation of the CBL Act, it appears that the authority to suspend the Governor may not be within your jurisdiction as articulated in your recent communication. To honor your commitment to upholding the constitution, I kindly urge you to reconsider your actions and adhere to the prescribed procedures outlined in the CBL Act.” Bility emphasized the importance of respecting legal protocols and requested the President to address this matter accordingly.
Rep. Bility’s remarks suggest that the legal counsel received by President Boakai might have been flawed, leading to what he believes could be an improper suspension. He has called for a corrective course of action to align with legal and constitutional standards, underscoring the need for adherence to the laws governing the CBL.
As the situation unfolds, all eyes will be on the Supreme Court of Liberia to see how it will interpret the Central Bank Act and decide on the legality of Tarlue’s suspension. This case could have significant implications for the independence of the Central Bank and the broader rule of law in Liberia.
