-Martin Kollie weighs in on the Political Crisis
As Liberia grapples with a significant political crisis within its bicameral Legislature, it is essential for the public to grasp the complexities surrounding the Speakership.
Liberia’s Legislature is divided into two houses: the House of Senate (HOS) and the House of Representatives (HOR). Currently, the HOR is embroiled in a political crisis that has raised questions about its leadership and governance.
The crisis emerged when 47 out of 73 representatives signed a resolution between June and October 2024, seeking to remove Speaker Koffa. The resolution cites six charges against him, including allegations of corruption, conflict of interest, and influence peddling. Under Article 49 of the 1986 Constitution, a Speaker can only be removed by a resolution supported by a two-thirds majority of the House. Similarly, Rule 9.1 of the House’s Rules and Procedures stipulates that a Speaker may be removed for cause by a two-thirds majority.
Currently, the anti-Koffa bloc, consisting of 43 representatives, lacks the necessary two-thirds majority to oust him. To achieve this, Kollie argued that they need at least 49 votes, which they do not possess at this time. Despite their inability to remove Koffa, he believes that the anti-Koffa bloc can continue conducting official business. In his opinion, this is permissible because they constitute a simple majority, which allows them to engage in legislative activities under the quorum principle outlined in Article 33 of the Constitution.
According to Article 33, a simple majority of each house constitutes a quorum. For the HOR, this means at least 37 representatives must be present to conduct business. With only 30 representatives present during a recent session, Koffa was unable to preside due to the lack of a quorum. The absence of a quorum raises questions about the legitimacy of Koffa’sleadership. Without a quorum, Kollie argued that Speaker Koffacannot preside over sessions, which further complicates his position as Speaker. Contrary to concerns raised by some representatives, including Rep. Yekeh Kolubah, the HOR is unlikely to shut down or face government dissolution.
He says the anti-Koffa bloc, with its simple majority, can continue legislative activities. In the absence of Koffa and Deputy Speaker Thomas Fallah, he believes the anti-Koffa bloc has the option to elect a “Speaker Pro-Tempore” to preside over sessions, as per Rule 10 of the HOR’s Rules and Procedures. Recently, the anti-Koffa bloc conducted a session, giving Deputy Speaker Fallah an ultimatum to attend future sessions or face expulsion. If Fallah is expelled, it could pave the way for the election of a Speaker Pro-Tempore, a scenario that appears increasingly likely.
Kollie noted that the pro-Koffa bloc may consider legal action to contest the anti-Koffa bloc’s ability to conduct business. However, he believes such a move is unlikely to succeed due to the doctrine of Separation of Powers, which limits judicial intervention in political matters. As the situation unfolds, he’s of the opinion that the Senate, Executive, and Judiciary will monitor which bloc maintains the majority. He believes that the legitimacy of any bloc will ultimately depend on the ability to command a majority as outlined in Article 33 of the Constitution.
To maintain his position, Martin Kollie notes that Speaker Koffahas two primary options: he could pursue allegations of bribery against those seeking his removal, or he could engage in dialogue with his colleagues. He says the latter approach may be more effective in diffusing tensions and securing his position. Historically, past Speakers have been removed through similar resolutions. Former Speakers Edwin Snowe and Alex Tyler were ousted under comparable circumstances, highlighting the precarious nature of leadership in Liberia’s political landscape.
