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By Lincoln G. Peters
Central Monrovia – March 9, 2026 — Prominent Liberian human rights lawyer and former 2023 presidential candidate Cllr. Tiawan Saye Gongloe has sharply criticized the Liberian Senate for summoning and questioning Justice Minister Cllr. N. Oswald Tweh over the withdrawal of a subpoena request linked to the General Auditing Commission (GAC)’s audit of the Senate’s expenditures and operations.
In a public statement, Gongloe warned that the Senate’s action could create the perception of “institutional retaliation” and raise serious constitutional concerns regarding the separation of powers.
Gongloe’s reaction comes amid controversy surrounding the Justice Ministry’s decision to withdraw a court application seeking subpoenas to compel the Senate to produce documents required by the GAC for a full audit of the Legislature. The Ministry’s withdrawal prompted the Senate to summon and question the Justice Minister, who later apologized during the proceedings.
In his opinion titled “Is the Senate Above the Law?”, Gongloe argued that the Ministry of Justice did not commit any wrongdoing and therefore owed no apology to the Senate. According to him, the Ministry followed the proper constitutional process by seeking judicial intervention to address issues related to document production for the audit.
“The GAC is statutorily mandated to audit public institutions, and that mandate includes the Legislature,” Gongloe stated. He emphasized that public funds are not the property of any institution but rather resources held in trust for the Liberian people, making transparency and accountability legal obligations.
Gongloe further maintained that when disputes arise regarding audit compliance or document production, the Judiciary is the appropriate forum for resolution. He explained that once the Ministry of Justice withdrew its court application, the matter effectively ceased to be an active legal dispute.
According to the veteran lawyer, the Senate’s decision to cite the Justice Minister even after the legal action had been withdrawn risks creating the impression of retaliation rather than legitimate oversight. He referenced the Legislature’s past use of contempt powers, including detaining public officials, as actions that can raise constitutional concerns if not exercised carefully.
Gongloe also cautioned against any interpretation that places the Legislature above other branches of government. He noted that although the Legislature is mentioned first in Liberia’s Constitution, that order does not imply superiority over the Executive or the Judiciary.
He stressed that Liberia’s democratic system is built on the principle of separation of powers, where each branch of government operates within constitutional limits while remaining accountable to the law.
“If the Executive exceeds its authority, the courts provide correction. If the Legislature exceeds its authority, the courts provide correction. If the Judiciary errs, appellate review provides correction,” Gongloe stated, describing this system as the foundation of constitutional democracy.
The former presidential candidate concluded by warning that any action by public institutions that appears to bypass established legal processes could erode public confidence in democratic governance.
“No House of the Legislature is above the law. No Minister is above the law. No citizen is above the law — not even the President of the Republic,” Gongloe declared. “The Senate is not above the law.”
