The Supreme Court of Liberia Chambers Justice Ceianeh Clinton Johnson has issued a Writ of Summon on the Minister of Finance and Development Planning, Augustine Kpehe Ngafuan, following a writ of Mandamus filed by seven lawmakers through their legal counsel.
Kpehe and House of Representatives Controller, Emmanuel Kopi, and all other officers under his command, were summoned to appear on or before March 10, 2025, to respond to the Writ of Mandamus filed by the lawmakers through their lawyer Cllr. Jonathan Massaquoi.
The lawmakers include Representatives Marvin Cole, Frank Saah Foko, Alex Noah, Edward Papie Flomo, Abu Kamara, Eugene Kollie, and Zinnah Norman. The Writ of Summons was issued on February 27, 2025, while the Writ of Mandamus was filed on February 20, 2025.
The writ of Summon reads: “YOU ARE HEREBY COMMANDED to notify The Ministry of Finance and Development Planning, represented by Honorable Augustine Kpehe Ngafuan, and Mr. Emmanuel Kopi, Comptroller of the 55th Legislature, and all those under their control, also of the City of Monrovia, Montserrado County, Republic of Liberia, RESPONDENTS in the above-entitled cause of action, to appear (by filing their returns) before Her Honor Ceaineh D. Clinton-Johnson, Associate Justice of the Honorable Supreme Court of the Republic of Liberia, presiding in Chambers, at the Supreme Court Room, Temple of Justice, on/or before the 10th day of March, A. D. 2025, at the hour of 9:00 a.m., to show cause why the PETITIONERS’ PETITION as prayed for should not be granted.”
Associate Justice Johnson further instructed Kpehe and others to file their RETURNS to the writ in the Office of the Clerk of the Supreme Court on/or before the said 10th day of March, A. D. 2025.
The writ of mandamus was filed by the seven lawmakers through their legal counsel to compel the Minister of Finance and Development Planning along with the House of Representatives Controller to pay their four months of salaries and benefits.
In an eleven-count petition, the lawmakers said they were duly elected members of the 55th Legislature and prayed for a Writ of Mandamus to compel the Minister of Finance and Development Planning and Comptroller of the 55th Legislature to immediately process and disburse their legally entitled salaries and benefits, which have been unlawfully withheld, amongst other things.
Count two of the petition stated that the lawmakers on October 10th, 2023, were duly elected by their respective constituencies and subsequently swore to the Oath of Office on January 15, 2024, for which they are entitled to their full compensation and benefits as appropriated in the National Budget, as a matter of law.
Count three added that the Supreme Court of Liberia has jurisdiction over the matter under Article 66 of the 1986 Constitution of Liberia, which grants the Honorable Supreme Court the sole authority to issue remedial writs, including Mandamus, where appointed and elected public officials unlawfully refuse to perform their statutory and constitutional duties, as required by law.
The lawmakers said under the law, 1LCLR Subsection 16.21.2, provides that a Writ of Mandamus is a special proceeding to obtain a writ requiring the respondent to perform an official duty, and the court held in the case RL V. Leadership of the LNBA 40LLR365 (2001); as such, the mandamus will lie to compel the performance of official duties devolved by law upon public officials.
Also, the seven lawmakers submitted that they as members of the 55th Legislature, duly elected by their respective constituencies and entitled to their full compensation as appropriated in the National Budget, have been collectively and individually denied their salary payments and other benefits since October 2024, contrary to law. They said the alleged actions of the Minister of Finance and the Comptroller are governed by instructions from the self-styled “Majority Bloc.”
According to them, the withholding of their salaries is not only unconstitutional but also a violation of the public service laws and financial management regulations of Liberia. The lawmakers mentioned that the Minister of Finance and the Comptroller have a duty to pay salaries as appropriated by law.
By T.Q. Lula Jaurey
