Liberia: House of Representatives' Factions Await Supreme Court Ruling on Legality of Their Actions - FrontPageAfrica

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Capitol Hill, Monrovia – The Supreme Court of Liberia is set to deliver a landmark ruling in the ongoing leadership crisis within the House of Representatives, following the conclusion of arguments from lawyers representing both sides on Wednesday. The decision will determine whether embattled Speaker J. Fonati Koffa retains his position or whether Representative Richard Nagbe Koon, controversially elected by a self-styled “Majority Bloc,” assumes leadership.

By Gerald C. Koinyeneh | gerald.koinyeneh@frontpageafricaonline.com

The dispute, which has lingered for over a month, escalated when the Majority Bloc declared Speaker Koffa’s position vacant and elected Representative Koon (UP, District #11, Montserrado County) as Speaker. The group also dissolved all committees previously established by Koffa and reconstituted them. in addition, the bloc suspended three lawmakers—Representatives Marvin Cole (District #3, Bong County), Edward P. Flomo (District #13, Montserrado County), and Abu Bana Kamara (District #15, Montserrado County)—for alleged rule violations.

In response, Speaker Koffa and his supporters petitioned the Supreme Court, claiming the Majority Bloc’s actions were unconstitutional. The Court issued a stay order halting the bloc’s activities and scheduled a hearing to resolve the matter.

Key Arguments Presented

During the proceedings, the Supreme Court directed all parties, including the Justice Ministry, to provide their legal perspectives. Representing the Ministry of Justice, Solicitor General Augustine Fayiah and Assistant Minister for Litigation Jerry Garlawolu maintained a neutral stance, asserting that the issue pertained to internal legislative matters rather than constitutional violations.

Majority Bloc’s Arguments
Cllr. H. Varney Sherman, representing the Majority Bloc, argued that the Supreme Court should refrain from intervening, citing the separation of powers doctrine. He stated that the House of Representatives has the constitutional authority to remove its Speaker, a process he claimed was followed in Koffa’s case.

Sherman, a former Senator of Grand Cape Mount, explained that Speaker Koffa was formally invited to a session on October 21, 2024, to address complaints against him but failed to attend. A committee was formed to investigate, and its findings were voted on in plenary. Sherman maintained that the election of Representative Koon was lawful and conducted following House rules.

He further argued that members attempting to present a vote of no confidence against Koffa were blocked from entering the chambers, leaving the Majority Bloc no choice but to hold their session in the joint chambers. Sherman urged the Court to respect legislative autonomy and dismiss the case.

Koffa’s Defense
Cllr. Arthur T. Johnson, representing Speaker Koffa, countered that the Majority Bloc’s actions were unconstitutional and violated both the House’s standing rules and the 1986 Constitution. He cited Article 33, which requires the Speaker’s presence to constitute a quorum for legislative business, and argued that Koffa was not given due process, including the right to confront witnesses or access evidence.

Johnson further argued that the suspension of lawmakers supporting Koffa was illegal and urged the Court to nullify all actions taken by the Majority Bloc. He warned that failure to do so would set a dangerous precedent, allowing any majority to disregard constitutional provisions for political gain.

Regarding whether the Supreme Court has the constitutional authority to hear the case, Cllr. Arthur T. Johnson referenced Article 66 of the Liberian Constitution. Article 66 states:

“The Supreme Court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases, whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies, or any other authority, both as to law and fact, except cases involving ambassadors, ministers, or cases in which a country is a party. In all such cases, the Supreme Court shall exercise original jurisdiction. The Legislature shall make no law nor create any exceptions as would deprive the Supreme Court of any of the powers granted herein.”

Johnson emphasized that this provision grants the Supreme Court the authority to adjudicate disputes involving constitutional violations, including matters arising within the Legislature.

Justices Raise Critical Questions

The justices raised several concerns about the legality of the Majority Bloc’s actions. Justice Yusif D. Kaba questioned whether the bloc’s meetings, held in Koffa’s absence, were lawful. Chief Justice Sie-A-Nyene G. Yuoh asked about the procedures used to remove Speaker Koffa and whether these complied with constitutional requirements.

The justices also sought clarity on whether a quorum could exist without the Speaker presiding, as mandated by Article 33 of the Constitution.

Precedents and Implications

Cllr. Johnson referenced the Edwin Snowe removal case as a precedent, urging the Court to affirm its authority to adjudicate constitutional violations within the Legislature. He highlighted that despite the Supreme Court’s stay order, the Majority Bloc continued to hold sessions, further undermining the rule of law.

Chief Justice Yuoh acknowledged procedural lapses in reporting these alleged violations but assured that the Court would address all issues in its final ruling.

No Session for Majority Bloc Today

FrontPageAfrica has gathered that the Majority Bloc will not hold session today as members have decided to sympathize with three of their members from Grand Bassa County over the death of the county’s Superintendent. Critics say the Majority decided not to hold session for not to violate the stay order of the Supreme Court. Despite the High Court’s order, the Majority Bloc convened session on Tuesday, contending that in is in plenary they would received the writ and respond. Now, with their response and appearance through their lawyer, holding session in the joint chamber without the court’ ruling would be tantamount to violation of the court.

Both Parties agree to Honor Court’s ruling

Meanwhile, both parties have committed to abiding by the Supreme Court’s ruling. Rep. Michael Thomas (District #4, Montserrado County), said the court’s decision will be endorsed by the Majority Bloc irrespective of the victor. As the nation awaits the Supreme Court’s decision, observers say the outcome will have far-reaching implications for legislative governance and the balance of power within Liberia’s House of Representatives.