MONROVIA – The Supreme Court of Liberia has voiced significant disappointment regarding the inadequate budgetary allocation from the Executive and Legislative branches. This criticism comes in the wake of the 2024 fiscal budget, which allocated only $17 million to the Judiciary, with an additional $3 million as a contingency. This total, constituting merely 2.8% of the National Budget, has been deemed insufficient by the Supreme Court.
Upon reviewing the budget, the Supreme Court expressed its rejection of the amount, considering it an imposition that undermines the Judiciary’s financial autonomy. The Court highlighted that this allocation contravenes Section 21.3 of the New Judiciary Law and Article 72(a) of the Liberian Constitution, which mandate that the Judiciary’s budget should be included in the National Budget without revisions.
In response to these concerns, the Supreme Court reached out to President Joseph Boakai, who subsequently convened a meeting on June 23, 2024. This meeting included representatives from the Executive, Legislative, and Judicial branches to address the budgetary issue. Despite the presence of high-ranking officials, including the Speaker of the House and the President Pro Tempore of the Senate, a resolution has yet to be implemented.
The Judiciary had initially submitted a budget estimate of $31 million, reflecting the necessary funding for effective operations across all courts. However, the Ministry of Finance disregarded this proposal and submitted a lower amount to the Legislature without consulting the Judiciary. This action has been criticized as lacking legal authority and failing to respect the Judiciary’s co-equal status.
The agreed-upon outcome of the tripartite meeting was to revise the Judiciary’s budget to align with legal requirements. The Speaker of the House committed to facilitating a meeting between the Ways & Means, Finance, and Budget Committees and the Judiciary’s technical team. Unfortunately, more than five weeks have passed since this agreement, with no further action taken by the relevant committees.
On July 5, 2024, the Supreme Court sent a follow-up letter to President Boakai, expressing its frustration over the continued inaction. The Court emphasized that the delay contradicts the spirit of collaboration discussed during the June meeting. This lack of response has raised doubts about the sincerity of commitments made by the other branches of government.
The Court’s operations are now severely hindered due to the inability to procure essential materials and facilitate travel for judges. This situation threatens the opening of the August Term of Court on August 12, 2024, and compromises the restoration of judges’ salaries, which remain a pending issue.
The Supreme Court underscored its constitutional duty to uphold the rule of law, stressing that the current budgetary constraints impair its ability to fulfill this obligation. The Judiciary operates across Liberia’s 15 political subdivisions, managing Circuit, Specialized, and Magisterial Courts, all of which require adequate funding for effective administration.
In its statement, the Supreme Court lamented the deteriorating infrastructure and worsening conditions within the Judiciary. Many court buildings, including the Temple of Justice, are in a deplorable state, reflecting years of inadequate financial support from the National Government.
The Supreme Court also pointed out that the Public Procurement and Concessions Commission has refused to approve the Judiciary’s procurement plan, which was based on the original budget estimates. This refusal further hampers the Judiciary’s ability to operate effectively.
While acknowledging the Legislature’s constitutional authority to make budget appropriations, the Supreme Court reiterated that such powers must be exercised in harmony with the entire Constitution. The Court emphasized that no provision should nullify or substantially impair another, urging for balanced interpretation and application of constitutional mandates.
The Supreme Court warned that continued disregard for its financial needs would compel it to exercise its power of Judicial Review. This includes potentially striking down any laws that contravene constitutional or statutory provisions, such as the current Budget Law.
The Court expressed hope that the President and Legislature would promptly address the budgetary issue to avoid a constitutional crisis. The Supreme Court reaffirmed its commitment to cooperation but insisted on being treated as a co-equal branch with essential needs and responsibilities.
Failure to resolve the funding shortfall, the Court argued, could lead to significant inefficiencies and ineffectiveness within the Judiciary. This situation poses a risk to the rule of law and the fair administration of justice across Liberia.
The Supreme Court concluded by reiterating its call for immediate action and mutual respect among the branches of government. The Court stressed the urgency of addressing the budgetary constraints to maintain the Judiciary’s ability to function and serve the Liberian people effectively.
