By Jerromie S. Walters
Monrovia, Liberia – In a ruling delivered on December 6, 2024, the Supreme Court of the Republic of Liberia controversially addressed the constitutionality of actions taken by certain members of the House of Representatives.
The case arose from concerns regarding the internal operations of the House of Representatives, specifically questioning whether actions taken by its members adhered to the provisions outlined in the 1986 Constitution of Liberia.
Possesseing jurisdiction
In its judgment, the Supreme Court reaffirmed its role as the final arbiter of constitutional issues, as stipulated in Article 66 of the Constitution. The court emphasized that it possesses the jurisdiction to adjudicate disputes arising from internal disagreements among legislative members.
The court further clarified that constitutional interpretation must consider the entire document, asserting that every provision holds equal significance. It underscored the importance of harmonizing any discrepancies between different constitutional articles.
Particularly significant was the court’s interpretation of Article 33, which pertains to the composition of the House of Representatives. The ruling stated that whether a simple majority or a minority is present, the Speaker, as defined in Article 49, remains the presiding officer. The court noted the absence of constitutional mechanisms to compel attendance from absent members, highlighting a legislative gap in establishing rules for such scenarios.
Acting beyond their legal authority
In light of the findings, the Supreme Court concluded that any actions or sittings by members of the House of Representatives that do not align with the intent of Articles 33 and 49 are deemed ultra vires, or beyond their legal authority.
Article 33 of the 1986 constitution if the Republic of Liberia states that, “A simple majority of each House shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members. Whenever the House of Representatives and the Senate shall
meet in joint session, the presiding officer of the House of Representatives shall preside.”
Consequently, Article 49 provides: “The House of Representatives shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the
proper functioning of the House. The Speaker, the Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House.”
Meanwhile, the Supreme Court has directed members of the House to conduct themselves in accordance with the established constitutional framework.
The onset
Some 47 members of the House of Representatives of the 55th Legislature on Thursday, October 17, 2024, read a resolution to remove Speaker J. Fonati Koffa from his position at the grounds of the Legislature. In the resolution, the legislators cited multiple allegations of misconduct, conflicts of interest, and administrative incompetence.
The “Majority Bloc” of the House of Representatives, on Thursday, November 21, 2024, officially voted to remove Cllr. J. Fonati Koffa from his position as Speaker of the 55th Legislature of the Republic of Liberia. The resolution was supported by 50 representatives, according to the Bloc.
