-Anti-Koffa lawmakers agree to honor Justice Gbeisay’s invitation but affirm continuing regular legislative engagements
By Jerromie S. Walters
The self-styled “Majority Bloc” of the House of Representatives has agreed to participate in a conference called by Associate Justice Yamie Quigui Gbeisay while simultaneously affirming their commitment to continue regular legislative engagements “sessions” on Tuesdays and Thursdays. This decision comes in the wake of a Supreme Court mandate issued over the weekend that calls for the suspension of all proceedings related to the ongoing efforts to remove House Speaker J. Fonati Koffa.
The Supreme Court’s directive, set to take effect on November 4, 2024, at 10:00 AM, seeks to pause any actions concerning Speaker Koffa’s potential ousting until after the scheduled conference. During their Tuesday engagement, members of the self-styled “Majority Bloc” resolved to comply with the court’s invitation and instructed the acting Chief Clerk to liaise with the Committee on Judiciary to formalize their attendance.
Despite this compliance, the bloc appears inflexible in their assertion that their legislative sessions are legitimate and necessary for conducting the people’s business. The bloc concluded that in its pending communication to the court, its intention to uphold their Tuesday and Thursday meetings would be clearly stated.
Debate Over Judicial Oversight
During the Tuesday engagement “session,” several legislators expressed concerns regarding Justice Gbeisay’s decision and suggested that it may have stemmed from an oversight rather than a deliberate attempt to disrupt legislative proceedings. Bong County District #7 Representative Foday Fahnbulleh articulated that the justice’s ruling could inadvertently undermine the constitutional framework by effectively shutting down the legislature.
He argued that the Senate’s ongoing operations validate the Majority Bloc’s engagement. “The senate has not to adjoin and an attempt to shut plenary down, meaning you need to put a stay order on the Senate, and you are shutting the legislature down. Legally, it undermines the constitution, and I believe the Justice in Chamber knows the law [and] he’s aware of the circumstances surrounding this country in as much as he’s a leader in this country. To overlook this and try to turn a blind eye, I believe it was an oversight on the part of the justice. It can not be intentional.”
Rep. Fahnbulleh: “You can not legally put a stop to ole wry functions, especially when lawmakers are to go to session. Laws support that. The first thing is that we have formed a quorum, and we are in session. We are doing the Liberian people’s business. In as much as we are doing the Liberian people’s business, it is because the Senate is still open. The Senate is still open because there’s a majority in the lower house doing the Liberian people’s business.”
Bong County District #2 Representative James Kolleh further elucidated the constitutional implications of the Supreme Court’s intervention and argued that the court’s writ did not prohibit the House from conducting sessions but specifically targeted the removal proceedings against Speaker Koffa. Citing Article 40 of the Constitution, Kolleh emphasized the requirement for legislative bodies to notify each other before adjourning for more than five days and warned that an extended hiatus could lead to a constitutional crisis.
Kolleh: “There are several constitutional backing for us to have a session. The writ is not prohibiting us from having a session. The writ is prohibiting us from our removal proceeding. It is not for us to have a session. Why I think this Is because of Article 40. Article 40 says no House shall adjoin for more than five days without notifying the other, so if the justice in the chamber wants us not to have a session for a period of nine to ten days, it means that we will run into a constitutional crisis.”
Separation of Powers and Political Dynamics
Kolleh’s remarks also touched upon the principle of separation of powers enshrined in Article 3 of the Constitution, which delineates the roles of the judiciary and the legislature. He argued that matters of a political nature should remain within the purview of elected officials rather than the judiciary, asserting that the Supreme Court has previously ruled that political questions are non-justiciable.
His words: “I also want to bring it to the attention of this plenary that article 3 is clear on the issue of separation of power. This Honorable Supreme Court has ruled on many instances and said to us that when the question presented is purely political, it is non-justiciable. It means that justice can not pass in said matter. It should be left with the political arm of government.”
Court’s Intervention:
The Supreme Court of Liberia directive comes as part of a petition filed by the Speaker of the House, Honorable J. Fonati Koffa, who is seeking a writ of prohibition against Representatives Samuel G. Kogar of Nimby County District #5, Richard Nagbe Koon of Montserrado County District #11, and other members of the Bloc. The petition asserts that these representatives have acted outside the authority granted to them under the House’s Standing Rules.
Associate Justice Yamie Quigui Gbeisay, presiding over the matter, called for the conference to address the legal implications of the aggrieved lawmakers’ actions and to determine the appropriate course of action moving forward. In his stay order, Justice Gbeisay emphasized the importance of maintaining order and adherence to legislative procedures during this contentious period.
Why is Koffa being chased out:
It can be referenced that 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 resolution references Article 49 of the Liberian Constitution and Rule 9.1 of the House’s Rules and Procedures, which allow for the removal of the Speaker for cause. The resolution accuses Koffa of holding multiple positions as a consultant and lawyer for various government agencies and private companies, including the Liberia Petroleum and Refining Corporation and the Central Bank of Liberia.
Under Misrepresentation in ECOWAS Parliament, Koffa is accused of submitting a list of representatives to the ECOWAS Parliament without conducting a proper election, misleading both the Liberian public and the ECOWAS body. His actions reportedly contravene the ECOWAS Protocol, which mandates that representatives be elected by direct universal suffrage.
The 47 lawmakers, in their resolution, accuse Koffa of Overspending and Financial Mismanagement: During his tenure as Deputy Speaker, the resolution says Koffa allegedly overspent his budget by over $2.9 million, raising suspicions of systemic corruption. The resolution cites this financial mismanagement as damaging to the credibility of the House.
Another count, Alteration of the National Budget, accuses the Speaker of altering the National Budget. Count five, Unilateral Changes in House Structure, accuses Koffa of creating new committees and merging departments without the approval of the House, violating established rules, and undermining the legislative process.
Moreover, in count six, which is tagged Criminal Background, the resolution highlights Koffa’s prior conviction for embezzlement while serving as Town Manager in North Carolina, where he was disbarred and is currently fulfilling community service obligations. Following their presentation, the representatives have scheduled a new election for the speakership to take place next Thursday.
