The Imperative Of A Robust Judiciary Budget In Liberia
By Austin S Fallah-An Advocate for Better Judicial Health in Liberia
PHOTO: (L-R) The Temple of Justice—the seat of the Judiciary and The Author
Justice is not merely a concept or an idealistic goal; it is the very foundation upon which peaceful and progressive societies are built.
A nation’s judiciary, as an intermediary of the law, stands as a beacon of hope, fairness, and stability.
In places where the rule of law is upheld and where every citizen, regardless of status or wealth, is held equal before the law, economic prosperity and social order thrive.
However, in the absence of a well-resourced and impartial legal system, the fabric of society risks unraveling, leading potentially to anarchy, as seen in the tragic events of 1989 and onwards in Liberia.
It is, therefore, imperative to address the critical issue of judicial funding specifically in the context of Liberia’s judiciary, and argue for revisiting the 2024 national budget to secure justice for all Liberians.
At the crux of this argument is the recognition that the judiciary encompassing the courts, judges, and associated administrative support requires sufficient funding to function effectively.
The Supreme Court of Liberia’s objection to the proposed $17 million and an additional one-off contingency of $3 million reveals a deep-seated concern that such a budget allocation falls markedly short of what is necessary to sustain justice.
A budget that accounts for only 2.8% of the nation’s financial resources is not merely inadequate.
It is a recipe for systemic dysfunction, inviting corruption and compromising the integrity of the law.
To fully comprehend the gravity of underfunding the judiciary, it is essential to consider the harrowing history of Liberia, where decades of civil unrest were characterized by a populace that resorted to seeking justice through extrajudicial means” in the bushes,” as it were, rather than through the formal legal system.
When people lose faith in the ability of the courts to adjudicate fairly and efficiently, they may turn to alternative and often violent methods to resolve disputes.
Therefore, to prevent a reemergence of lawlessness and preserve national security, the judiciary must be equipped to dispense justice rightfully.
Adequate funding for the judiciary ensures that it can fulfill several critical functions.
Firstly, it supports the infrastructure required for the administration of justice, including the maintenance of courtroom facilities and clerical operations essential for the processing of legal proceedings.
Secondly, it allows for the recruitment and retention of competent and ethical judges and administrative staff, who are remunerated fairly, thereby reducing the temptation to engage in corrupt practices such as bribery.
It also enables the continuous training and professional development of judiciary personnel, fostering a culture of excellence and adherence to the highest standards of the law.
Mechanics of judicial corruption
Let us delve into the mechanics of judicial corruption and examine the dangers it poses to Liberia, dangers all too real when funding is scarce.
Where judges and court staff are insufficiently compensated, they may fall prey to bribery, skewing the scales of justice in favor of those with financial clout.
In such an environment, the concept of equality before the law becomes a farce, and the wealthy or politically powerful can manipulate legal outcomes to suit their interests.
The very purpose of the judiciary to act as an impartial arbiter and uphold the tenets of the Constitution is thereby nullified.
Funding deficits further impede the judiciary’s capacity to serve the public effectively.
Case backlogs mount as the courts struggle to cope with the volume of disputes brought before them, denying timely justice to those in need.
Behind each case, languishing in the queue is a human story, one of individuals or businesses awaiting resolution, their lives or livelihoods suspended in a state of limbo.
Moreover, inadequate financing limits access to justice for the more vulnerable segments of society, including those unable to afford private legal representation, thereby exacerbating inequality and fomenting social discord.
To rectify the perilous trajectory on which the Liberian judiciary is set, a multifaceted approach is necessary.
Multifaceted approach needed
The government must not only revisit the budget allocations but also undertake a comprehensive review of the judicial system’s requirements.
An increase in budgetary provisions would be a demonstrable commitment, signaling to the Liberian people and the international community alike that Liberia prioritizes the rule of law and is committed to safeguarding the rights and freedoms of its citizenry.
Furthermore, the investment in the judiciary should be leveraged to introduce systems of accountability and transparency, ensuring that the funds are put to judicious use.
Conditionalities could be established, linking the provisioning of funds to measurable improvements and reforms within the judiciary such as accelerated case processing times, enhanced training protocols, and the establishment of anti-corruption units, if not already established.
The narrative of the Liberian justice system stands at a critical juncture.
The allocation of funds in the 2024 national budget is not merely a financial decision but a profound statement about the values and vision for Liberia’s future.
To allocate anything less than what is required to fortify the judiciary is to court the specters of injustice and instability that have haunted Liberia’s past.
The vital role of the judiciary in sustaining a just, peaceful, and economically viable society cannot be understated.
It is the glue that binds the social contract, the assurance of lawful resolve, and the bastion against the return to chaos and anarchy.
The government of Liberia must recognize the gravity of adequately funding the judiciary and act with both honesty and sincerity in the budgetary allocations.
Doing so will strengthen the institutions that preserve democracy, foster an environment where justice is not a commodity for purchase, and ensure that every Liberian can stand confident and equal before the law.
It is not an exaggeration to declare that the soul of Liberia and its hopes for a prosperous and harmonious future rests within the hallowed halls of its courts.
Let the government, therefore, act with wisdom and rectify the budget for the judiciary, for in doing so, it secures the well-being of its people and the very essence of justice itself.