By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Liberian Circuit Court judges and Judges of Specialized Courts in Liberia appear to have run out of patience over recent pay cut they suffered as part of the CDC government’s salary harmonization scheme.
The Judges have now filed a petition for Declaratory Judgement before his Honor Judge Kennedy Peabody of the Sixth Judicial Civil Law Court A for Montserrado County.
Following their petition, a writ of summon has been issued on the Finance and the Ministry of Justice over their salaries cut, benefits and allowances through the harmonization policy which took effect in 2019.
Some of the Judges who petitioned the sixth Judicial Civil Law Court A in Montserrado County are: Judge George W. Smith of 15th Judicial Circuit Court in RiverGee County, Judge OUSMAN F. Feika of the 5th Judicial Circuit Court in Grand Cape Mount County, Judge Peter W. Gbeneweleh of the 12th Judicial Circuit Court in Grand Kru County, Judge George S. Wiles of the 7th Judicial Circuit Court in Grand Gedeh County, Judge Joe S. Barkon of the 2nd Judicial Circuit Court in Grand Bassa County, Judge ZuBallah A. Kizeku of the 16th Judicial Circuit Court in Gbarpolu County, Judge Oneseumus Barwon of the 14th Judicial Circuit Court in Rivercess County, Judge Ciapha Carey of the 11th Judicial Circuit Court, Judge Kobio Nuta of Criminal Court B, Judge Henry Nagbe of Debt Court of Montserrado County, Judge Nelson Tokpa of the 4th Judicial Circuit Court of Maryland County, Judge Tiklo Geeplah Konton of the 3th Judicial Circuit Court in Sinoe County, and all Specialized Courts Judges including Magistrates.
The writ of summon came following a petition for declaration judgement filed by the Liberian Judges.
Last June, at the 12th NATJL conference, there was an agreement reached by trial Judges to take a class action against the government of Liberia relative to what they say is the questionable harmonization of judges salaries by the CDC government.
Background to the pay cut controversy
Before the salary harmonization took effect in 2020, they say Judges made five thousand US dollars monthly, but after the cut, they now only receive three thousand US dollars a month.
For the Magistrates, their exact monthly pay is not known by this Reporter, because one of them said it varies. For example, it is learned that before the harmonization, Magistrate from the Judicial Institute class one used to get six hundred and fifty US dollars a month, but after the exercise, they are now getting about 530 US dollars.
There are also non Judicial Institute graduates serving as Magistrates across the country.
The growing dissatisfaction amongst judicial officials over pay cut comes against the backdrop of mounting allegations of widespread corruption in the Liberian Judiciary.
Trial Judges’ Writ
The writ of summons says: You are hereby commanded to summon the respondent in the above entitled cause of action to appear before the Civil Law sixth Judicial Circuit for Montserrado County sitting in it September Term A.D. 2021, to answer the petition of the above named petitioners in a petition for declaratory judgement to notify said respondent that upon it’s failure to appear, judgement by default will be rendered against it.
You are hereby further commanded to notify the aforesaid respondent to file it’s formal appearance and or answer to the petition in my office on or before the 10th of September A.D. 2021.
Meanwhile, the Finance and Justice Minister art to make ther official returns endorsed on the back of the writ of summon as to the manner of service on or before the said 10th day of September A.D. 2021.
The Petitioner’s petition
Petitioners in the above entitled cause of action petitioned this Honorable Court and your Honor Judge Kennedy Peabody in form and manner as follows to writ.
Petitioners say that they are all Judicial officers of the Judicial Branch of Government of Liberia and that prior to the enactment of the National remuneration standardization Act of 2019, petitioners were each paid and received from respondent (Finance Ministry) monthly remuneration as follows:
Salary———L$22,950.00 taxable
Allowance——–US$5,000 nontaxable
Gasoline——350gallons but later reduced to 135gallons.
Petitioners give notice to this court that they shall subpoena the respondent and Finance department of the Judicial Branch of Government of Liberia to provide the documentary evidence for the payment of salaries, allowances and benefits, ie gasoline to the Petitioners for the period prior to the coming into effect of the National Standardization Act of 2019 to substantiate the averment contained herein.
According to the Petitioners, the National Legislature passed an Act to establish the national remuneration standardization of 2019 for the purpose of harmonizing salaries, allowances and benefits of all public officials and employees including Civil servants and reduce or increase such remuneration to the extend possible. The said Act placed judges of subordinate courts, the chief of staff of the AFL, the Court Administrator of the Supreme Court of Liberia, the. Chief clerk of the House of Representatives, secretary of Liberian Senate in category three for remuneration.
The Petitioners cited Article 72 of the 1986 constitution of Liberia which states
Article 72
- The Justices of the Supreme Court and all other judges shall receive such
salaries, allowances and benefits as shall be established by law. Such salaries
shall be subject to taxes as defined by law, provided that they shall not
otherwise be diminished. Allowances and benefits paid to Justices of the
Supreme Court and judges of subordinate courts may by law be increased but
may not be diminished except under a national program enacted by the
Legislature; nor shall such allowance and benefits be subject to taxation.
- Protection of judges’ salaries.
* 13.4. Compensation of Judiciary; retirement pensions and death benefits.
- Salaries. The salaries of justices, judges and stipendiary magistrates shall be fixed by
statute and shall be provided by annual budgetary appropriation. The salary to be
provided for the Chief Justice of the Supreme Court shall be the same as that of the
Vice President.
- No reduction of compensation. The compensation of a Justice, judge or stipendiary
magistrate shall not be reduced during the term for which he was appointed.
Pension for former Chief Justice and Associate Justices of the Supreme Court of
Liberia.
- A former Chief justice who has honourably retired to private life and who is not in any
way gainfully employed by Government shall receive from Government a pension equal
to Fifty (50%) percent of the salary of the incumbent Chief Justice per annum. In
addition, the former Chief Justice shall be entitled to a personal staff and facilities for the remainder of his or her natural life, and the amount allowed for this purpose shall not be
less than Fifteen thousand ($15,000.00) Dollars per annum and also citing Section 43.2 of the Civil procedure law of Liberia.
Petitioners submit and say that it is on the basis of the constitutional and statutory provision cited in counts four and five respectively above Via-a- Vis the abolition of the payment of allowances and the reduction of allowances of judicial officers of the Judicial Branch of Government and pursuant to and in keeping with the statutory provision of the Civil procedure law cited on count six above that the instant petition is being filed before the six judicial Civil Law Court.
It further says that first president of the United States of America George Washington speaking of the Judiciary in 1789, or thereabout, referred to the Judiciary as the Chief pillar upon which National government must rest. Also Associate Justice Thomas Mccants Stewart referred to the Judiciary as the cornorstone of a nation. While Chief Justice Francis S. Korkpor refered to the Judiciary as the wheel and engine that keeps the government running.
The Petitioners submit that their government is likened to a triangle, the first line represents the Legislature, second line represents the Executive and the third represents the Judiciary is based upon which the first two lines Legislature and Executive rest.
Accordingly, if removed the on the left and right the Legislature and Executive, the government will crumble so, the Judiciary is the Chief pillar upon which the national government rest.
That to count eight above says, petitioners submit that to ensure Judicial independence as envisaged by Article 72(a) of the 1986 constitution of Liberia and the Judiciary free from control of the Executive and Legislature, it is essential that judicial officials be adequately compensated as it is done in the United States and other part of the world and in that way claim will be decided.
That assuming without admitting that the categories of judges did not undermine judicial independence and unconditional then and in that case, petitioners and all others judicial officers similarly situated would be entitled to the same salaries, allowances and benefits pay by respondent to Ministers of the Executive Branch of Government and others branch of government and others as provided for in part III of the National remuneration standardization Act of 2019.
Meanwhile, the Petitioners therefore prayed court to grant unto any other further reliefs as may deem just, legal and equation.