– Koffa goes to S/Court as Majority BlocInducts “New Speaker”
By Jerromie S. Walters & G Bennie Bravo Johnson I
Embattled House Speaker, Speaker Finati Koffa has prayed to the Supreme Court for the issuance of a writ of Mandamus against the majority bloc of the House of representative, compelling members of the bloc to appear in the main chambers for the transaction of business. Koffa asserts that his colleagues’ actions strangled the functions of the House of Representatives, causing the House to be incapacitated to carry out its constitutional duties.
His prayer to the court was made a few hours after his colleagues from the opposition majority bloc elected Montserrado County Representative Richard Nagbe Koon as the new speaker of the 55th National Legislature. “And now come before the Petitioners, Members of the House of Representatives of the 55t Legislature, by and through their Counsel, respectfully petitioning the Supreme Court of Liberia for the issuance of a Writ of Mandamus to compel the Respondents to perform their official duties by attending official Plenary legislative sessions as mandated by the Liberian Constitution, the statutory laws of Liberia, and the Rules of the House of Representatives,” the petition reads.
It cites Article 66 of the 1986 Liberian Constitution, which provides that: “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..”
Petitioner Koffa prays to the Supreme Court to exercise its constitutional duties in the ongoing political action at the National Legislature. “The Supreme Court of Liberia has jurisdiction to hear and determine the Petitioners’ Petition. Article 66 of the 1986 Liberian Constitution states that: “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..”
House’s Impasse Shocking Trend
On Thursday, November 21, 2024, Representative Richard Nagbe Koon of Montserrado County District #11 was elected and inducted as the “new Speaker” of the 55th Legislature of the Republic of Liberia. This decision was made by approximately 50 members of the Majority Bloc, who convened to endorse a resolution that removed Koffa from his position and declared the speakership vacant.
Koon’s election took place on a white ballot on Thursday, November 21, 2024, just minutes after the resolution was passed. In his inaugural statement, Koon pledged to prioritize the interests of all Liberians and foster a collaborative environment among his colleagues. He also expressed his commitment to advancing President Joseph Nyima Boakai’s ARREST Agenda.
“This movement is not just about me. It represents a collective dream. I hope that as I take on the mantle of authority, I will be able, through your help, to fulfill the dreams and the requirements of this particular office. However, I want to encourage you to remain steadfast and hopeful,” he said.
Representative Richard Koon was defeated by Speaker Koffa on January 15, 2024, during the House of Representatives’ speakership election. He was supported by the ruling Unity Party. Many have argued that Koon and the Executive’s greed for the speakership influenced the strives for the removal of Speaker Koffa.
In a counter-response to his election and subsequent induction, several lawmakers from Koffa’s faction, who initially supported the resolution for his removal but later retracted their signatures, condemned the Majority Bloc’s actions as illegal. During a press conference today, these lawmakers threatened legal action against the Majority Bloc, revealing that they have already consulted with their lawyers regarding the matter.
Koffa’s “Removal”
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.
The resolution was read aloud during a session on Thursday by Acting Chief Clerk Comic Chea, following a motion introduced by Representative James Kolleh of Bong County. The Bloc’s decision comes in the wake of a specialized committee’s report, which recommended that Koffa’s position be declared vacant due to his failure to respond to serious allegations raised by six lawmakers within the bloc.
According to the committee’s findings, Speaker Koffa was invited on three separate occasions to address these allegations but chose not to appear before the committee. This lack of engagement has been a critical factor in the Majority Bloc’s decision to pursue his removal.
During the session, 41 lawmakers were present, and some members from Koffa’s political faction were listed as signatories to the resolution. Among them were Representatives Thomas Goshua, Matthew Joe, Priscilla Cooper, Rufie Barry, Alex Sonnyboy Noah, and Bintu Massally.
Back to the Court:
Amid the surprising actions, Speaker Cllr. J. Fonati Koffa has informed the Court that the Respondents (Members of the ”Majority Bloc”) have refused to attend duly convened legislative sessions of the Plenary of the House of Representatives. He believes that the Respondents’ refusal to attend duly convened legislative sessions of the Plenary of the House of Representatives has impeded the House’s ability to carry out and perform its constitutional and legislative functions. “The Respondents’ refusal to attend duly convened legislative sessions of the Plenary of the House of Representatives has impeded, obstructed, and prevented the House’s ability to carry out and perform its constitutional and legislative functions, including the enactment of the national budget into law for the ensuing 2025 financial year,” the petition states.
It further notes that the Respondent’s refusal to attend legislative sessions of the Plenary of the House of Representatives has created a constitutional procedural impasse due to a lack of the constitutional quorum required by the Constitution for the House of Representatives to conduct official business, including the enacting into law the national budget for the ensuing 2025 financial year.
The legal complaint adds that the respondents’ refusal to attend these legislative sessions of the Plenary of the House of Representatives is a violation of the Constitution, the statutory laws of Liberia, and the Standing Rules of the House of Representatives. Koffa’s petition stated that the Constitution of Liberia mandates a majority of the House to be present to constitute a quorum for the transaction of business.
Moreover, it asserts that the refusal of the Respondents, who constitute the majority of the membership, violates the constitutional quorum requirement and prevents the House from performing its legislative duties. “Article 33: “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..”
The petition continues: “The deliberate refusal of the Respondents, who constitute the majority of the membership, violates the constitutional quorum requirement of Article 33 and prevents the House from the performance of its legislative duties.” Article 34 of the Constitution authorizes the Legislature to enact, amend or repeal) laws. The Respondents’ refusal to attend legislative sessions of the Plenary of the House of Representatives prohibits the House of Representatives from carrying out and performing its constitutional mandate.”
Restructuring the leadership
On Tuesday, November 19, 2024, the “Majority Bloc” of the House of Representatives initiated a restructuring of the House of Representatives’ leadership, with major replacements on key committees. The bloc removed Representative Dixon Seboe from his position as Chairman of the House Committee on Ways, Means, Finance, and Budget, along with Margibi County Representative Ellen Attoh Wreh, who served as Co-Chair.
Taking over as acting chairman of the committee is Representative P. Mike Jury from Maryland County. In addition, Bong County District #3 Representative Marvin Cole has been ousted from his role as Chairman of the Rules, Order, and Administration Committee. He will be succeeded by Representative James Kolleh, who has been appointed as the acting chairman.
The restructuring has also affected other committees, including the Committee on Public Accounts, which has been occupied by anti-Koffa lawmakers. On many occasions, Montserrado County District #10 Representative Yekeh Kolubah has branded the securing of committees as a means lawmakers often use to generate illegal funds in the House. According to him, this is often done through the national budget and other means.
The suspension
Also, on Tuesday, the self-styled “Majority Bloc” suspended Montserrado County District #13 Representative Edward P. Flomo, District #14 Representative Abu Kamara, and Bong County District #3 Representative Marvin Cole for one month. The bloc says the suspension is a result of acts of misconduct exhibited by the lawmakers. This means that the affected lawmakers will forfeit their legally mandated benefits, including salary, for the duration of the 30 days. The decision was reached unanimously, although three lawmakers chose to abstain from the vote.
Patriotism Or Greed?
The ongoing struggle to oust House Speaker Cllr. J. Fonati Koffa has ignited debate among Liberians since its genesis, with many citizens—both influential figures and ordinary citizens alike—characterizing the actions of the self-proclaimed “Majority Bloc” as a personal crusade driven by individual ambitions rather than a genuine desire for institutional reform.
From the outset, the anti-Koffa lawmakers’ motivations have been scrutinized. Critics argue that their relentless pursuit of Koffa’s removal is less about governance and more about personal aggrandizement. This perception is fueled by the lawmakers’ unwavering stance, which remains steadfast even in the face of interventions from various stakeholders, including former legislators, the Liberian Senate, and the Economic Community of West African States (ECOWAS).
The Genesis and resolution
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.
