– Complicity of the Executive and the Senate Endorsement of the “Majority Bloc”
By Jerromie S. Walters
A growing chorus of Liberians, from prominent figures to everyday citizens, are venting their concerns over the state of democracy and the rule of law in Liberia amid the ongoing impasse in the House of Representatives. As the situation deteriorates, embattled House Speaker Cllr. J. Fonati Koffa appears more vulnerable but remainsdetermined to fight on as he posted on his page that he fears nothing but to do wrong, while many perceive a troubling erosion of democratic principles exacerbated by visible Executive involvement.
Last Friday, the Supreme Court of the Republic of Liberia weighed in on the constitutionality of actions taken by the “Majority Bloc” during the legislative standoff. The Court ruled that any proceedings by House members that deviated from the intent of Articles 33 and 49 were deemed ultra vires or beyond their legal authority. But on Tuesday, December 10, 2024, both the Executive and the Liberian Senate endorsed the self-styled “Majority Bloc”.
Justice Minister Opinion
In his opinion on the Supreme Court ruling, Justice Minister N. Oswald Tweh articulated his belief that the majority members of the House of Representatives are fulfilling the constitutional requirements needed to convene sessions and make decisions in alignment with national laws and the House’s internal rules.
“The Court’s analysis clearly outlines the standards for a valid plenary session,” Tweh stated. “I am confident that the majority members of the House are operating within these guidelines, thereby ensuring that their actions are legal and constitutionally sound.”
The Justice Minister further asserted that the budgetary process, which has caused chaos in the House, can be legally executed by the majority, provided they adhere to the standards set forth by the Supreme Court. He emphasized that any decisions made under these circumstances would be considered constitutional, legal, and valid.
Senate Endorses Justice Minister’s Opinion
Mid-Tuesday, Senate Pro Tempore Nyonblee Karnga Lawrence announced that the Senate has decided to engage with the Majority Bloc amid the leadership crisis in the House of Representatives. This decision follows Justice Minister Cllr. Oswald Tweh’s legal interpretation of the Supreme Court’s ruling asserts that the majority members were operating within constitutional bounds.
This latest political maneuvering comes just days after the Supreme Court urged House members to adhere to established constitutional protocols amid the ongoing turmoil.
Liberians blast Gov’t
However, many Liberians contend that the Justice Minister’s interpretation misrepresents the Supreme Court ruling. Following its publication on the Executive Mansion’s official Facebook page, reactions poured in from concerned Liberians. “Sad time for our country, Liberia. Democracy is a serious threat right now to what we witness today,” remarked Aron Farley. “Individuals undermined the rule of law and the Constitution, which prompted orders to dissatisfaction and degenerate our country into a war… isn’t that a recipe for disaster?”
Charles T. Kamara added, “When we said the repeat of PRC government has taken over, people felt it was a joke… It is coming to light gradually. Liberia is doomed!!!” Others like Joel Nyanford expressed regret over their voting decisions, questioning whether the Justice Minister’s opinion holds more weight than the Supreme Court ruling.
Dayan Borvey lamented, “It’s sad that even the Justice Minister cannot comprehend the ruling of the Supreme Court. Unbelievable!!!” Another citizen warned, “Wow, another war is coming to Liberia… This Minister of Justice is a disgrace to Mama Liberia.”
Despite the backlash, J-Mark Markai noted, “It’s just an opinion formed by the JM; however, the Supreme Court has the final say of how the law is interpreted!” He pointed out that the process through which the Majority Bloc elected Rep. Koon as Speaker was fraught with constitutional missteps.
What’s Next for Koffa?
On October 17, 2024, a faction of 47 members from the House of Representatives introduced a resolution to remove Speaker J. Fonati Koffa, citing allegations of misconduct and administrative incompetence. As the impasse deepens, questions loom over Koffa’s ability to retain his position amidst a series of escalating challenges.
From members of the Executive Branch responding to the “Majority Bloc” summon to the suspension of his Bloc members, his controversial removal, the immediate white ballot election of Representative Richard Nagbe Koon as Speaker, the hijack of the draft FY2025 national budget by the “Majority Bloc,” the conduct of budget hearings by the “Majority Bloc” and turn up to government entities with maximum state security protection as well as the recent opinion of the Justice Ministry on the Supreme Court ruling which indicates that the “Majority Bloc” act activities are legal and directly unveils that the Executive endorses them, have raised eyebrows and fueled speculation about Koffa’s political future.
The Rule of Law
On November 21, 2024, the Millennium Challenge Corporation (MCC) released its fiscal year (FY) 2025 country scorecards, revealing that Liberia met 11 out of 20 indicators. However, the country faltered in the area of Rule of Law, with a score of just 47%, down from 59% the previous year. Many Liberians argue that this decline reflects the current turmoil within the House of Representatives, suggesting that the nation is at risk of further deterioration in the rule of law by 2026.