Editorial: Allotting small money to the Judiciary undermines the justice system

The judicial branch’s current disenchantment with low budgetary allocation demands urgent attention from the two other branches—the Executive and the Legislature—to ensure proper coordination among all three branches.

The Judiciary, through the Supreme Court of Liberia, has persistently and vehemently objected to the allotment of 2.8% of the 2024 National Budget for its operation despite being the government’s second-largest and most decentralized branch. 

The High Court notes that the Judiciary rejected the appropriation of US$17 million and a one-off contingency amount of US$3 million, amounting to a meager 2.8% of the 2024 National Budget, and brought the matter to the attention of the President and the Legislature. But it seems there has been no redress, which is unfortunate for a key component of the government.

We had thought by now that the Executive, through the President, would have taken seizure of the matter since it emerged in early June or late March 2024. However, amid the outcry and clear dissatisfaction, it seems business as usual in a situation that has a propensity to disrupt the normal function of this important branch of government.

We recall very vividly that under the administration of former President George Manneh, salaries for judicial employees, including lawyers and judges, were delayed for about three months without any explanation from the Ministry of Finance and Development Planning, while employees of the other two branches of government took pay.

It took the summoning of former Finance Boss Samuel Tweah by Her Honor, Chief Justice Sie-A-Nyene G. Youh, with threat of contempt before members of the Judiciary received pay.

Now, there seems to be a pattern gradually emerging, from salary delay to demeaning budgetary appropriation for the Judiciary, in what amounts to a clear relegation of this important branch with participation of the Legislative branch that presides over the budget and distributes allotments among all sectors. 

Lest we forget, lawyers and judges are by law not allowed to engage in private business activities that could enable them to generate other sources of income apart from salary, unlike their colleagues in the Legislature and the Executive. A hungry prosecutor is prone to bribery or is attempted to look for the higher bidder in dispensing justice because he or she has to survive and take care of the family. 

We view the current act of apportioning a mere 2.8% of the national cake for the Judiciary while both the Legislature and the Executive execute the Budget at their will and pleasure as a clever attempt to strangulate this branch of the government and render it toothless by subjecting that body to the whims and caprices of the Executive.

“We, as the Supreme Court of Liberia and head of the Judiciary Branch of government, are fully cognizant of our power of Judicial Review and the Constitutional Power to strike down any law which runs contrary to the Constitution or any other existing status, such as the Budget Law. We have stayed our actions in the spirit of cooperation and coordination amongst the three branches of government. Unfortunately, we might be constrained to take actions to compel compliance to include but not limited to Article 2 of the 1986 Constitution of Liberia”, Chief Justice Youh threatens.

We call on the Executive branch, headed by President Boakai, to become proactive by inviting Her Honor, Chief Justice Youh, to find common ground on this matter now before it reaches a crisis level that we do not want.