Liberia: Suspended CBL Governor Demanded $1.3M to Resign, Challenges Suspension in Supreme Court

FPA gathered that prior to his suspension, Tarlue demanded US$1.3 million to resign, but his request did not go through.

Monrovia – Suspended Executive Governor of the Central Bank of Liberia (CBL), J. Aloysius Tarlue, Jr., has petitioned the Supreme Court of Liberia against his suspension, raising critical questions about executive power and the legality of his removal.

By Wliie Tokpah, willie.tokpah@frontpageafricaonline.com

Sources tell FrontPageAfrica that before his suspension, Tarlue demanded $1.3 million to resign, but his request was not granted. This negotiation breakdown led President Joseph N. Boakai to suspend him, according to Executive Mansion sources. Tarlue is now challenging his suspension, arguing that the President’s action was illegal and unconstitutional.

The suspension, effective immediately and without pay, was reportedly based on alleged violations of several financial laws, including the CBL Act of 1999, the Revenue Code of Liberia Act of 2011, and the Public Financial Management Act of 2009.

“Dear Hon. Tarlue: I write to inform you that you are hereby suspended from office as Executive Governor of the Central Bank of Liberia, without compensation, with immediate effect, pending the results of an investigation that I have ordered into your stewardship of the Central Bank of Liberia. The decision to suspend you is based on the Auditor General’s Report from the Compliance Audit of the Central Bank for the fiscal years 2018-2023,” President Boakai said in a communication to the embattled Central Bank Governor.

In response, Tarlue, through his legal counsel from Gongloe & Associates, Inc., filed a petition for a writ of prohibition. The petitioner argued that the President’s action was illegal and unconstitutional, asserting that the removal of the Executive Governor of the CBL could only occur through impeachment by the National Legislature.

The petitioner cited Section 13.1 of the Amended and Restated Act Establishing the Central Bank of Liberia (1999), which states that the appointment of the Non-Executive Governors, Executive Governor, and Deputy Governors shall be from among persons in good standing and of unimpeachable character, from the business and academic community, with experience and expertise in banking, finance, economics, law, or management, by the President of the Republic of Liberia, subject to confirmation by the Liberian Senate, for a term of five years.

I addition, the petitioner stated that the amended and restated act provides for the removal of the Executive Governor only by impeachment by the National Legislature and contains no provision for the suspension of the Executive Governor by the President.

Tarlue’s legal team argued that the Act stipulates that the Executive Governor can only be removed under specific conditions, such as gross misconduct or criminal conviction, and solely through legislative impeachment proceedings. They claimed that the President’s unilateral suspension circumvents this constitutional process and sets a dangerous precedent for executive overreach.

The petitioner referenced Section 14.2 of the Amended and Restated Act, which states that the Executive Governor, Non-Executive, or Deputy Governor shall automatically be removed from office upon the occurrence of any of the grounds under subsection 14.1 of the Act.

They further stated that subsection 14.4 of the Act provides that the Executive Governor, Non-Executive Governor, or Deputy Governors shall be removed by the Senate from office only upon a bill of impeachment submitted by the House of Representatives based on grounds such as gross breach of duty, misconduct in office, felony conviction, bankruptcy, disqualification from practicing a profession in Liberia, or being declared of unsound mind.

The petitioner maintained that his suspension violates Article 20(a) of the 1986 Constitution, which states that no person shall be deprived of life, liberty, security of the person, property, privilege, or any other right except as the outcome of a hearing consistent with due process of law. His suspension without pay, they argued, is tantamount to removal and was done without a hearing.

The petitioner further noted that subsection 4.2(b) of the 2014 Act of the General Auditing Commission (GAC) mandates that the GAC submit audit reports to the legislature, with copies to the President, and that the legislature, upon receipt of the audit report, should discuss and debate matters of public interest with the appropriate public official in the presence of the Auditor General or representatives.

The petitioner contended that his suspension without being allowed to be heard by the appropriate committee of the legislature constitutes a violation of the “Doctrine of Separation of Powers” under the Constitution of Liberia, as the removal of the Executive Governor was made exclusively a function of the National Legislature by the law creating the Central Bank.

Therefore, the petitioner is seeking the high court’s intervention to nullify the suspension, reinstate him with full benefits, and prevent further actions against him by the Executive Branch.

This case underscores the ongoing tensions between Liberia’s executive and judicial branches and could have significant implications for governance and the rule of law in the country. Tarlue’s appointment on July 15, for a five-year term confirmed by the Liberian Senate, makes his suspension by the President a potential violation of the law and due process.

A communication from then President George Weah after his Senate’s confirmation, read, “Dear Hon. Tarlue, I am pleased to advise that based upon notification from the Honorable Liberian Senate of your confirmation, you are hereby appointed Executive Governor, Central Bank of Liberia, Republic of Liberia, effective Thursday, July 15, 2021. Please accept my congratulations and my expression of trust in your ability to make a meaningful contribution in your area of responsibility as we strive to move our country forward in a process aimed at enhancing peace, reconciliation, and development,” former President George Manneh Weah said in Tarlue’s appointment letter.

The Supreme Court’s decision on this matter is expected to be closely watched, as it could define the boundaries of executive authority and set a precedent for the treatment of tenure-protected officials in Liberia’s government. The high court had ruled against the executive in previous cases, but the President suspended officials on allegations of questionable financial transactions and other malpractices at the Authority.

Governor Pearson asked to resign

FrontPageAfrica has also gathered that Deputy Governor Nyemadi D. Pearson has been asked by the Executive to resign. Executive Mansion sources say negotiations are already underway concerning her benefits. President Boakai’s economic advisor, Morley P. Kamara, is said to have expressed interest in the position and could be her possible replacement. Both the Executive Mansion and Governor Pearson have remained silent on the matter.

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