-Speaker Koffa asserts as his removal saga lingers
By Jerromie S. Walters
House Speaker J. Fonati Koffa has vowed not to resign, amid ongoing strives by over forty lawmakers from the House of Representatives to ensure his removal.
The ongoing conflict within the House of Representatives of the 55th National Legislature took a more serious trend Tuesday, October 22, 2024, as pro and anti-Koffa factions convened separate sessions, but the majority bloc concluded with a decision to summon the Deputy Speaker and others, a move that is capable of undermining Koffa’s presence in the post, especially if the majority remains tight up to next week.
Regardless, the current Speaker, who last served as Deputy Speaker and is also known as a respected legal practitioner, along with his supporting lawmakers, appears to be taking an assertive path, as they (Plenary of the House of Representatives) voted to compel all members who were absent from Tuesday’s session, to attend the next session on Thursday, 24 October.
The plenary decision was made to ensure that members of the House assemble to perform their duties on behalf of the Liberian people. The decision was prompted by the inability to meet a quorum due to the low number of members present in the chamber.
Nimba County Electoral District 7 Representative, Hon. Musa Bility, made a motion quoting Article 33 of the Liberian Constitution of 1986, which states: “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. Whenever the House of Representatives and the Senate shall meet in joint session, the presiding officer of the House of Representatives shall preside.”
By this constitutional provision, Plenary has instructed the Chief Clerk, Madam Mildred Sayon, to take the necessary actions to ensure that absent members are compelled to join their colleagues in the upcoming session on Thursday. Tuesday’s session was presided over by Speaker J. Fonati Koffa, with Deputy Speaker Thomas P. Fallah serving as co-presiding officer.
However, political pundits say legal action to contest the anti-Koffa bloc’s ability to conduct business is unlikely to succeed due to the doctrine of Separation of Powers, which limits judicial intervention in political matters.
They believe that the latter approach may be more effective in diffusing tensions and securing his position. This is because, historically, past Speakers have been removed through similar resolutions. It can be referenced that former Speakers Edwin Snowe and Alex Tyler were ousted under comparable circumstances.
Genesis of the lack of quorum:
The pro-Koffa bloc, which constituted 30 lawmakers, was forced to suspend their session on Tuesday after failing to meet the required quorum to conduct official business.
Just less than thirty minutes later, a group of lawmakers opposed to Speaker Koffa held a session in the joint chamber of the Legislature. During their meeting, they voted on a motion to notify the Deputy Speaker that they held a majority and no longer supported Koffa’s speakership. They also wrote to the Deputy Speaker, Chief Clerk, along with her subordinates, to appear before them in the next 48 hours.
The communication reads: “By directive of the majority members of the House of Representatives, we write to inform you of a Resolution signed by the majority of lawmakers, which affirms that Speaker J. Fonati Koffa has lost the trust and confidence of the majority of House members. By our legislative duty as representatives of the Liberian people, the majority members have invoked the House’s Standing Rules #8 and W12, along with Article 33 of the Liberian Constitution, which states, “A simple majority of each house shall constitute a quorum for the transaction of business.”
It continues, “As such, a session of the House of Representatives has been duly convened in the Joint Chamber of the Legislature. In line with the mandate of the majority members in the legislative assembly, we hereby invite you to participate in this session to ensure the effective conduct of business on behalf of the Liberian people. Your prompt attendance and adherence to this directive are critical for upholding the constitutional process and ensuring the uninterrupted service of the House of Representatives.”
Meanwhile, some Liberians have argued that the majority bloc may not have a two-thirds majority to remove the speaker, as required by Article 49 of the Constitution. However, Article 33 of the Constitution says a simple majority of each house is required to constitute a quorum for the transaction of business. Without this simple majority, there can be no plenary or legislative session. This is where Speaker Koffa’s fate lies. However, if the Anti-Koffa block doesn’t back down, the Speaker will be compelled to resign.
Birth of Koffa’s Capitol Hill headache:
House Speaker J. Fonati Koffa’s Capitol Hill headache began Thursday, October 17, 2024, when some 47 legislators signed and read a resolution that seeks to have him removed as Speaker of the House.
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 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.
