-Lawyers Say Supreme Court May DeclarePositions of ‘So-Called Majority Bloc’ Vacantif…………
By Jerromie S. Walters & Kebeh Sammie
Monrovia, Liberia – The ongoing political crisis surrounding the potential removal of Speaker Fonati Koffa from the 55th National Legislature has escalated, raising concerns about Liberia’s peace and stability.
Speaker Koffa, facing a removal attempt by a group of lawmakers calling themselves the “majority bloc,” has petitioned the Supreme Court for a writ of prohibition against them. This legal maneuver seeks to halt the removal process. However, the dissenting lawmakers have signaled their intent to defy the Supreme Court’s Stay Order and a subsequent citation for a conference scheduled for November 4th, 2024.
Legal experts, speaking anonymously, warn that this defiance of the Supreme Court could have severe consequences. Should the “majority bloc” continue to disregard the court order, the High Court could declare their legislative positions vacant. With over thirty lawmakers potentially facing removal, such a scenario could trigger a collapse of the government and plunge the nation into a constitutional crisis.
This standoff between the Speaker, the dissenting lawmakers, and the Supreme Court has created a climate of uncertainty and tension in Liberia. The international community is watching closely, urging all parties to respect the rule of law and engage in dialogue to find a peaceful resolution to the crisis. The coming weeks will be critical in determining whether Liberia can avert further political instability and uphold its hard-won peace.
The Supreme Court of Liberia mandated that the self-styled “Majority Bloc” within the House of Representatives stay all further proceedings and actions related to ongoing actions to remove House Speaker J. Fonati Koffa until a scheduled conference takes place. The conference is set for Monday, November 4, 2024, at 10:00 AM.
The 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 case, has 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.
Last weekend, the Liberian Senate established a five-member committee to facilitate dialogue between opposing factions within the House of Representatives as efforts intensify to oust House Speaker J. Fonati Koffa. However, the report suggests that the aggrieved lawmakers informed the Senate committee that they were resolved in their quest to oust the Speaker.
The committee is being chaired by Gbehzohngar Findley, a former Pro-Tempore and current Senator from Grand Bassa County. Other members include Willington Geevon Smith from River Cess County, Thomas Yaya Nimely from Grand Gedeh County, Gbleh Bo Brown from Maryland County, and Dabah Varpilah from Grand Cape Mount County. This decision was reached during a consultative meeting that took place after Thursday’s Senate session. The committee’s role is to mediate between the conflicting parties and propose a path forward.
The ongoing tensions within the Liberian House of Representatives became palpable once again on Thursday, October 24, 2024, as Speaker J. Fonati Koffa was forced to adjourn the session for the second time due to a lack of quorum. With only 30 members present, the session could not proceed. Speaker Koffa assured that the leadership of the House would take steps to address the attendance issues affecting legislative business.
All of these have made many believe that the aggrieved lawmakers are resolved to ensure that Koffa leaves the post. Undoubtedly, this makes it more tedious for Nyonblee’s team to calm legislators from the anti-Koffa bloc who have shown their lack of interest in his leadership.
However, another legislator, Montserrado County District #10 Representative Yekeh Kolubah, indicated that the body (HoR) may seek intervention from the Supreme Court to resolve the ongoing quorum challenges. Among those present at the pro-Koffa legislative engagement was Deputy Speaker Thomas Fallah, who has been issued an ultimatum.
Another Ultimatum:
The majority bloc issued a second ultimatum directed at Deputy Speaker Fallah, the Chief Clerk, and other members of the Secretariat aligned with Speaker Koffa. They have demanded full attendance from all members for the next scheduled session set for Tuesday, October 28. The bloc says failure of the listed individuals to comply with this mandate could have serious repercussions.
The majority bloc has also threatened to declare Deputy Speaker Fallah’s position vacant and remove the Chief Clerk and other Secretariat members associated with Speaker Koffa. Furthermore, they warned that lawmakers who fail to attend the majority’s session within the next two weeks could face salary withholding, a measure they claim is supported by the House rules. Of the 42 lawmakers expected to attend, Representative Michael Thomas of Montserrado District #4 was absent but provided an excuse for his absence, citing a trip outside of Liberia.
Why do they want Koffa 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.
