-Calls for Lawful Conduct in the House of Representatives
By Jerromie S. Walters
In the ongoing impasse within the House of Representatives, the Honorable Supreme Court of the Republic of Liberia has ruled that the self-styled “Majority Bloc” acted beyond its authority in recent decisions.
The Court, in its ruling on Friday, December 6, 2024, mandated that the House of Representatives must conduct its activities in accordance with the law. It states: “Any sitting not in conformity with Articles 33 and 49 of the Liberian 1986 Constitution is Utravires (Unconstitutional). Go back and act accordingly.”
Addressing concerns regarding its jurisdiction, the Court reaffirmed its authority to intervene in the House crisis, citing Article 66 of the 1986 Constitution of the Republic of Liberia as the basis for its ruling.
Article 66 of the 1986 constitution states: “The Supreme Court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact except cases involving ambassadors, ministers, or cases in which a county is a party. In all such cases, the Supreme Court shall exercise originate jurisdiction. The Legislature shall make no law nor create any exceptions as would deprive the Supreme Court of any of the powers granted herein.”
The Supreme Court on Thursday, December 5, 2024, announced it would deliver the ruling on the constitutionality of certain actions taken by members of the House of Representatives on December 6, 2024. The case, which has garnered considerable attention, centers on allegations regarding the legislative conduct of specific representatives within the 55th Legislature of Liberia.
Initial step
The Supreme Court of Liberia during its hearing on Wednesday, November 27, 2024, reserved its ruling (To an unknown date) in the case brought by embattled House Speaker Cllr. J. Fonati Koffa, who has petitioned the court for a writ of mandamus. Koffa is seeking a declarative judgment to declare the actions of the majority bloc of the House of Representatives—specifically, his removal and the handling of the 2025 national budget—as unconstitutional.
The majority bloc, represented by Cllr. Varney Sherman, urged the Supreme Court to refrain from intervening in legislative matters, asserting that such issues are inherently political and do not violate any constitutional provisions. “You will not get involved with legislative matters unless the process is unconstitutional. The House of Representatives has the power to remove the Speaker and they have done that. So, leave it,” Cllr. Sherman argued.
The majority bloc contended that due process was followed in Koffa’s removal. They detailed that on October 21, a letter was sent to Koffa, inviting him to a session convened by the majority bloc to ensure he received due process.
Although the letter was acknowledged on October 22, Koffa did not attend the session. The bloc stated that a complaint was filed, a committee was established, and a citation was issued, but Koffa chose to disregard the proceedings. With this, the “Majority bloc” prayed the court to leave the happenings at the National Legislature, stating that it is political and it violates no constitutional statute.
The petitioners prayed the court to declare the action of the majority bloc as unconstitutional and that the issue of plenary only exists when the speaker presides. They argued that house rules provide that “legislative provision must adhere to constitutional provision.”
Meanwhile, the Speaker through his representation before the court, Cllr. Author Johnson prayed the court to grant the petition prayed for by the Speaker. He asserted that the removal of the speaker violates the constitution and the house-standing rules. In their prayer, they argued that the sitting of the majority is unconstitutional because they refuse to sit under a legitimate speaker, therefore, any decisions taken thereof are illegal, citing Article 33 of the 1986 constitution.
“Article 33 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 a joint session, the presiding officer of the House Representatives shall preside.”
They further argued: “We ask the Supreme Court to declare the action of the majority as unconstitutional as it will set the procedure for tomorrow. If you don’t, the majority anywhere, whether right or wrong can do anything because they are in the majority.” At the same time, the Ministry of Justice advised the Supreme Court to make a decision based on violation of constitutional matter.
“The Ministry of Justice prays this court to drop it.” The Ministry which was invited not as a party but as dean of the Supreme Court Bar to advise whether or not the matter unfolding at the House of Representatives is in violation of constitutional statute, asserted that there is no constitutional statute violated.
The Ministry in its prayer stated that the matter before the court is questioning whether or not there is a violation of the constitutional statute, in keeping with section 9.6 of the civil procedure law and section 2.2 of the executive law, there is no violation of the constitutional statute.
Koffa’s Controversial Removal
The Majority Bloc of the House of Representatives, on Thursday, November 21, 2024, officially voted to remove Cllr. J. Fonati Koffa from his position as Speaker of the 55th Legislature of the Republic of Liberia. The resolution was supported by 50 representatives, according to the Bloc.
The resolution was read aloud during a session on Thursday by Acting Chief Clerk Comic Chea, following a motion introduced by Representative James Kolleh of Bong County. The Bloc’s decision comes in the wake of a specialized committee’s report, which recommended that Koffa’s position be declared vacant due to his failure to respond to serious allegations raised by six lawmakers within the bloc.
The Origin
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.
