-Calls On Lawmakers To Reach A Compromise On The Leadership Saga
By Jerromie S. Walters
The United States Embassy near Monrovia says it is closely monitoring the escalating situation on Capitol Hill amid rising tensions within Liberia’s 55th Legislature. In a statement released on Friday, December 13, 2024, via the embassy’s official Facebook page, U.S. officials stressed the importance of peaceful political processes and adherence to the rule of law in Liberia.
The U.S. government is known for taking decisive actions, including imposing sanctions on government officials linked to corruption, undermining the rule of law, and other actions detrimental to good governance. Liberia has not been exempted from such scrutiny. As the Impasse in the House of Representatives continues, the embassy expressed its hope for a political landscape in Liberia that honors democratic principles. “The United States is monitoring the current situation on Capitol Hill. We want to see Liberia’s political processes unfold peacefully and with respect for the rule of law. Liberians expect their leaders to uphold democracy and its practices, which include open and transparent political processes and peaceful debate,” the statement noted.
The embassy urged all parties involved to prioritize peace and unity. “It is crucial for leaders to demonstrate solidarity during these challenging times. Violence is never the answer and serves no one’s interests,” the statement asserted. The embassy strongly encouraged both sides to pursue compromise, emphasizing that the essential work of the legislature must continue for the benefit of the Liberian people.
Acknowledging the inherent challenges of sustaining a democracy, the embassy remarked, “Democracy is never easy, and difficult times are inevitable. However, the key is learning from past missteps and understanding that resorting to violence is neither beneficial nor justified.” The statement conveyed confidence that, despite their differences, political parties and individual politicians can come together to resolve their issues through direct and peaceful engagement for the greater good of the nation.
Previous Actions
On August 15, 2022, the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury identified three Liberian government officials for their alleged involvement in public corruption. Those named included Bill Twehway, the former managing director of the National Port Authority; Syrenius Cephas, a former Liberian solicitor general; and Nathaniel McGill, a former minister of state for presidential affairs and chief of staff.
On Sunday, December 10, 2023, the U.S. Department of the Treasury’s OFAC designated Jefferson Koijee, the immediate former mayor of Monrovia and a senior leader in the Congress for Democratic Change (CDC) political party. The U.S. government accused Koijee of fostering violence and maintaining a strong influence over Monrovia’s youth.
The following day, December 11, 2023, the U.S. State Department designated 30 individuals worldwide under Section 7031(c) visa restrictions, including Samuel Tweah, Liberia’s former Minister of Finance and Development Planning, as well as Senators Albert Chie and Emmanuel Nuquay and their close relatives. Under Section 7031(c), the United States publicly designated Tweah, Chie, and Nuquay for their involvement in significant corruption, specifically for abusing their public positions to solicit, accept, and offer bribes to manipulate legislative processes and public funding, including activities related to legislative reporting and the mining sector.
Regarding the sanctions imposed on Koijee, the measure stipulates that “all property and interests in property of the designated persons described above that are in the United States or in the possession or control of U.S. persons are blocked and must be reported to OFAC. Additionally, any entities that are owned, directly or indirectly, individually or in the aggregate, 50 percent or more by one or more blocked persons are also blocked. Unless authorized by a general or specific license issued by OFAC, or exempt, OFAC’s regulations generally prohibit all transactions by U.S. persons or within (or transiting) the United States that involve any property or interests in property of designated or otherwise blocked persons.”
Birth of the House Impasse
Tensions within the House of Representatives erupted on October 17, 2024, when 47 members of the 55th Legislature attempted to remove Speaker J. Fonati Koffa, citing allegations of misconduct and administrative incompetence. On Thursday, November 21, 2024, Representative Richard Nagbe Koon of Montserrado County District #11 was controversially elected and inducted as the “new Speaker” of the 55th Legislature of the Republic of Liberia.
According to the Bloc, this decision was made by approximately 50 members of the House of Representatives; however, many of those included in their resolution later retracted their signatures and expressed discontent over what they termed “Koon’s fraudulent election.” The Bloc has since implemented various critical measures, including the suspension of lawmakers, despite a Supreme Court ruling indicating that improper decisions were made and that the legislature must act in accordance with the law.
Rendering Koffa Powerless
In a brief statement released on his official Facebook page Thursday evening, embattled House Speaker Cllr. J. FonatiKoffa announced that he has been officially informed of the withdrawal of all state security personnel assigned to him, effective immediately.
On Friday, December 6, 2024, 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. However, on Tuesday, December 10, 2024, both the Executive and the Liberian Senate endorsed the self-styled “Majority Bloc.”
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.
Standing His Ground
Despite the endorsement of the majority members by the Executive and Liberian Senate, as well as the withdrawal of state security assigned to him, Speaker Cllr. J. Fonati Koffa has asserted that his position as Speaker of the House of Representatives remains unchanged. He emphasized that this action by the Executive Branch will not deter him from his commitment to uphold the Rule of Law and the Liberian Constitution.
Koffa stated, “I have officially been informed that all State security will be withdrawn tomorrow. These actions from The Executive do NOT change the fact that I remain The Speaker of The House of Representatives. This only further strengthens my resolve to fight for upholding the Rule of Law and The Liberian Constitution.”
Returning to the Supreme Court
House Speaker Cllr. J. Fonati Koffa and his colleagues have filed a Bill of Information with the Supreme Court, seeking urgent relief regarding actions taken by purported Speaker Richard Nagbe Koon and members of the Majority Bloc. The lawmakers argue that these actions violate the previous Supreme Court ruling and have serious implications for the integrity of Liberia’s legislative process.
In their filing, Koffa and his colleagues reference the Supreme Court’s ruling in the case of Majority UCL et al. v. Minority UCL et al [1999] LRSC 36; 39 LLR 692 (1999), which established that information before the Full Bench is appropriate when it arises from a pending action or when a matter previously decided by the Full Bench is being improperly executed by a lower court or obstructed by involved parties.
The relief sought by the informants includes several key requests. They are asking the Supreme Court to declare the actions of purported Speaker Koon and members of the Majority Bloc as null and void ab initio, asserting that any sessions, hearings, or decisions made under their authority are in violation of the Court’s ruling and final judgment, and are therefore ultra vires and unconstitutional.
The informants further seek a determination that the actions of Koon, Deputy Speaker Thomas Fallah, and other members of the Majority Bloc, who are accused of defying the Court’s ruling, are contemptuous. Lastly, they are requesting an order for the Minister of Justice and Attorney General, Counselor N. Oswald Tweh, to publicly retract his opinion that misinterprets the Supreme Court’s ruling.
