In the case former Liberian President Charles Taylor vs. Republic of Liberia, his lawyers are asking for his benefits for his client but the legal team representing the Liberian government is arguing against Mr. Taylor ‘s demands on grounds that he is not entitled.
At the 11th External Court Session of the Community Court of ECOWAS, Liberia is represented by Cllr. Nyenati Tuan , Cllr. Gould and Atty. Samora P.Z Wolokolie.
Lawyers representing the interests of former Liberia have argued Charles Taylor did not retire honorably and is not living private life as required by law and because of that he (Former President Taylor) cannot benefit from such law.
Former President Taylor had complained to the ECOWAS court that Liberia has violated his property rights of pension and retirement benefits.
In October 2021, he filed a suit before the Community Court of Justice alleging the violation of his right to property by the ‘refusal’ of the government of Republic of Liberia to pay his pension and retirement benefits since his ‘resignation’ on 11 August 2003.
In the suit, Mr. Taylor said the action of the government constitutes a violation of his human rights, particularly the right to freedom from discrimination, equal protection of the law, right to dignity, fair hearing and property as guaranteed under Articles 2,3, 4, 7 and 14 of the African Charter on Human and Peoples; Rights.
Mr. Taylor said as the 22nd President of Liberia, he is entitled to pension and other benefits as specified in the country’s Act to the retirement pension of the President and Vice President of Liberia which was promulgated by Liberia’s parliament in 2003.
The Act, according to the suit, relates to the retirement pension of the President and Vice President of Liberia, the Speaker and Deputy Speaker of the House of Representatives, the President Pro-Tempore of the Liberian Senate and Members of the Liberian Legislature, the Chief Justice and the Associate Justices of the Supreme Court of Liberia.
According to him, Sections 1 and 2 of the Act which were published on 26th November 2003, a ‘former President who honorably retired to private life and who is not in any way gainfully employed by Government shall receive from Government a pension equal to fifty percent of the salary of the incumbent President.
According to the initiating application, a former president is also expected to be provided with a personal staff and facilities for the remainder of his/her life in an amount that shall not be less than $ 25,000 United States dollars per annum.
The Act also provides that the surviving spouse of a former president shall be entitled to receive annuity equal to fifty percent of the pension received by the former President.
In addition, the surviving spouse of the former president shall be entitled to a personal staff and facilities for the remainder of her life. The amount allowed for this shall not be less than Twelve Thousand Five Hundred (12,500) United States Dollars.
This allowance shall commence as of the date of the death of the Former President, according to the Act.
On the death of the surviving spouse or if there is no surviving spouse, the pension provided for a surviving spouse shall be paid in equal portions to each of his/her minor children of the deceased President.
Mr. Taylor, who served as president between 7th August 1997 and 11th August 2003, relied in the suit on the provisions of Articles 14, 2, 3, 7 and 19 of the African Charter of Human and Peoples Rights, and Articles 17, 2, 8, 23 and 10 of the Universal Declaration on Human and Peoples Rights, Articles 2, 7 of the International Covenant on Economic and Social Cultural Rights, Chapter 3 Articles 11, 18, 20, 22, 24 and 26 of the Liberian Constitution of 1986.
The Republic of Liberia has been served the process. No date has been fixed for the hearing.
Taylor was the first ex-head of state to be jailed by an international court since the Nazi trials at Nuremberg in Germany after World War II.
He was convicted on 11 counts of war crimes and crimes against humanity over acts committed by Sierra Leone rebels he aided during the war