-For what he considers as “Issuing an Opinion Contrary to the Supreme Court’s Ruling”
By Jerromie S. Walters
Monrovia, Liberia – Montserrado County District #9 Representative Frank Saah Foko has formally written a complaint against Justice Minister N. Oswald Tweh to Liberia’s Chief Justice Sie-A- Nyene Youh, alleging gross misconduct for issuing a legal opinion which he (Foko) believes contradicts the recent ruling by the Supreme Court.
On Friday, December 6, 2024, the Supreme Court of the Republic of Liberia ruled on the constitutionality of actions taken by the “Majority Bloc” during the legislative standoff at the House of Representatives. 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.
In his opinion on the Supreme Court ruling, Justice Minister N. Oswald Tweh in a communication on Tuesday, December 10, 2024, 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.
Frowning at the Justice Minister
Displeased with the Justice Minister’s opinion, Representative Frank Saah Foko in a letter dated December 10, 2024, expressed grave concerns over the Justice Minister’s actions following the Court ruling that deemed the actions of the legislative majority as ultra vires, or beyond their constitutional authority. This ruling, in Foko’s opinion, is binding and should guide all branches of government. However, the Justice Minister issued an official opinion to the executive branch that undermines this ruling, leading to confusion and potentially unconstitutional actions by the Senate.
“The Justice Minister’s opinion has sown confusion regarding the implementation and interpretation of the Court’s decision,” Foko stated in his complaint. “It has emboldened the Senate to act in direct contravention of the ruling, thereby challenging the authority of the judiciary.”
Representative Foko highlighted the Justice Minister’s position as the chief legal advisor to the President and the only member of the executive cabinet empowered to disagree with the President on constitutional matters. He criticized the Minister for prioritizing personal or political interests over his duty to uphold the Constitution, thereby destabilizing constitutional governance and eroding public trust in the judiciary.
Additionally, Foko raised concerns about a potential conflict of interest and noted that the Justice Minister’s law firm previously represented the Speaker in this matter. “This creates a glaring conflict of interest. The Justice Minister should have recused himself from providing any legal opinion on such a sensitive issue,” he asserted.
Recommending the Supreme Court’s action
In light of these allegations, Foko is calling for several actions from the Supreme Court, including a Contempt of Court Investigation. He requests an investigation into the Justice Minister for contempt of court for undermining the Court’s ruling and contributing to unconstitutional actions by the Senate.
Foko urges the Supreme Court to refer the Justice Minister to the Grievance and Ethics Committee for investigation into his gross misconduct and failure to recuse himself.
Moreover, he calls for necessary disciplinary actions to reaffirm the authority of the judiciary and ensure respect for the Court’s rulings. Foko requests a clear statement from the Supreme Court reaffirming the binding nature of its rulings and outlining the constitutional responsibilities of government officials. “This matter is critical to preserving the rule of law and ensuring that no official, regardless of their position, is allowed to undermine the decisions of the Honorable Supreme Court of Liberia,” Foko emphasized.
