‘Vacancy On Supreme Court’s Bench Poses Threat’ …Bar Association Claims

The Liberia National Bar Association (LNBA) says it is troubled by the failure of President Joseph Nyuma Boakai to appoint an Associate Justice on the Supreme Court Beach, claiming that such vacancy poses threat to judicial system.

Speaking on Monday, June 10, 2024, at the Law Library on Ashmun Street in Monrovia, LNBA President, Cllr. Sylvester D. Rennie said since the death of former Associate Justice, Joseph N. Nagbe, Sr., President Boakai is delaying to appoint someone to fill the gap.

Although the Bar President fell short of disclosing the threat posed to the failure or delay to fill the vacancy, but stressed that the filling of the vacant seat on the Supreme Court’s Bench will fully complete the Judicial Branch of Government.

Addressing the issue regarding the Supreme Court budget, the LNBA through its president mentioned that it is disappointed about the budgetary allocation made by the Government of Liberia to the Judiciary.

According to Rennie, the Judiciary has been treated in the past as an ordinary Agency of government, when it comes to budgetary allocation. This, Rennie believes has impeded the activities of the courts and other functionaries of the Judiciary.

“The LNBA further says that out of a total budget appropriation for FY-2024 of
USS738, 859, 837 (Seven Hundred Thirty-Eight Million Eighty Hundred Fifty-
Nine Thousand Eight Hundred Thirty-Seven United States Dollars), the Judiciary is allotted US$17,000,000 (Seventeen Million United States Dollars), of the FY-2024 Budget, which is very inadequate to address some of the pressing challenges faced by the Judiciary, which include construction of Judicial Complexes in some of our counties amongst other,” Cllr. Rennie said.

He mentioned that the rule of law is a pillar under the “ARREST Agenda” of the Government; as such, to subject or allot such a very low amount for a branch of government which has compelling priorities while ordinary agencies under the Executive Branch of Government are allotted more money in their budgets, is a disservice.

Cllr. Rennie indicated that the Judiciary in its drive to provide access to justice, has a Public Defense Program, where Public Defenders are hired under its budget to cater mainly to indigent clients around the Country.

“These Public Defenders have not had incentives for the past years to strengthen and capacitate themselves in the work they do, and in an attempt to incentivize them, it is just proper that the budget of the Judiciary be increased because the recent budget allocated to the Judiciary in the tone of US$17,000,000 (Seventeen Million United States Dollars) is insufficient and unrealistic,” he stated.

The Bar then quoted Article 72(a) of the 1986 Constitution of Liberia, salaries, allowances and benefits of justices and judges are determined by law and these salaries, allowances and benefits cannot be diminished, adding that the benefits, allowances and salaries can be increased.

“We are all aware of the harmonization scheme that was employed by the previous government, which greatly affected the salaries, benefits and allowances of our Justices and Judges, whose action is yet to be corrected,”
Rennie recalled.

He said most magisterial courts in Liberia are presided over by non-lawyers, and in order for lawyers to be attracted to serve in these positions, the necessary incentives must be provided by the Judiciary.

Rennie wonders why there is a huge gap between the amounts allocated to the three Branches of Government, which are equal under the law, even though separate but coordinated.

“There is segregation when it comes to appropriating amounts for each entity’s budget, with the judiciary budget being the lowest,” Cllr. Rennie added.

The LNBA President calls on the Executive and Legislative Branches of Government to see reason in providing additional budgetary allocation to the Judiciary for FY-2024.