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By Jerromie S. Walters
Monrovia, Liberia – The submission of the draft national budget for the fiscal year 2025 over the weekend experienced another postponement from its original deadline (November 8, 2024). This decision was conveyed by Samuel A. Stevquoah, Acting Minister of State for Presidential Affairs, in communications addressed to both the Chief Clerk of the House of Representatives, Hon. Mildred Siryon, and the Secretary of the Senate, Hon. J. Nanborlor Singbeh.
The postponement arises from an ongoing crisis in the House of Representatives. President Joseph N. Boakai, Sr. has been informed of a Petition for a Writ of Prohibition filed by the Honorable Speaker of the House, which seeks the Supreme Court’s intervention to resolve an ongoing impasse among House members.
The Speaker’s communication indicated that a majority of House members had requested that certain officials from the Executive Branch appear for hearings in the Joint Chambers rather than before the Speaker.
The Speaker cautioned that complying with this request could undermine the rule of law and set a dangerous precedent for governance. On a related note, the Justice in Chambers declined to issue the Writ of Prohibition as requested by the Speaker on November 6, 2024. In light of these developments, the communication says President Boakai is seeking expert advice to ensure a comprehensive understanding of the Supreme Court’s ruling and its implications for governance.
However, the President’s decision has not been welcomed by some of the Liberians, as they believe it is unusual and somehow acknowledges the legitimacy of those lawmakers who are ousting to remove the Speaker. However, this current pattern of the budget submission appears similar to the pattern that resulted in Deputy Speaker Tjomas P. Fallah joining the self-style “Majority Bloc.” After being summoned by the bloc twice, Fallah first asked to consult his lawyer and subsequently joined them the next Thursday.
Sen. Chea Questions Budget Submission Process
In a recent statement, Sinoe County Senator Augustine S. Chea raised concerns regarding the submission of the national budget for Fiscal Year 2025, questioning why it was not presented directly to Speaker Bhofal Koffa. He highlighted that the communication from the Acting Minister of State was addressed to the Chief Clerk of the House of Representatives rather than the Speaker, which he argues mirrors constitutional breaches from the Ellen Johnson-Sirleaf administration that led to the removal of previous House Speakers.
Senator Chea asserted that bypassing Speaker Koffa and writing to the Chief Clerk undermines the Speaker’s constitutional authority and exacerbates tensions between the Legislature and the Presidency. “This action draws the Presidency directly into the conflict,” he stated.
He further commented on the implications of Chamber Justice Gbeisay’s ruling on Speaker Koffa’s petition for a writ of prohibition, suggesting that the Speaker erred in seeking judicial intervention. According to Chea, the Supreme Court could not grant the request to prohibit the so-called majority bloc from conducting sessions in the Joint Chamber, as this issue is fundamentally political rather than legal. He emphasized that such disputes fall within the political question doctrine, which respects the separation of powers.
“The Justice’s refusal to grant the writ indicates that this matter is not suitable for judicial review and should be resolved within the political branch of government,” Chea explained. He pointed out that the Speaker did not present a justiciable issue to the Supreme Court, such as illegal removal or obstruction from presiding over sessions.
Chea made it clear that the refusal to grant the writ should not be interpreted as a victory for the majority bloc. “Speaker Koffa remains the legitimate Speaker until removed by a two-thirds majority as mandated by the constitution,” he asserted. He noted that while the Speaker currently lacks the constitutional quorum to hold sessions, the majority bloc also cannot convene without the Speaker’s authority.
According to Chea, the constitution clearly outlines the roles and responsibilities of the Speaker and the Deputy Speaker in Article 49, emphasizing that the Deputy Speaker cannot preside without the Speaker’s authorization, except in specific circumstances.
He also reiterated that the constitution does not recognize a ‘majority bloc’ or a ‘minority bloc’ within the House of Representatives. Instead, it requires a simple majority of 37 representatives to hold sessions under the Speaker’s authority and a two-thirds majority of 49 representatives to remove the Speaker, ensuring adherence to due process as outlined in Article 20(a).
Chea concluded that the majority bloc lacks the legal authority to conduct legislative business, including oversight, and therefore, the Executive and Judicial Branches, as well as the Senate, should engage solely with the Speaker. He urged the President to submit the budget directly to Speaker Koffa, by legal requirements, to be acted upon when a quorum is established.
“Anything to the contrary is not acceptable,” he stated firmly, reinforcing the need for constitutional adherence and respect for legislative authority.
