–Supreme Court Renders Actions Of “Majority Bloc”
–But “Majority Bloc” Vows To Conduct Budget Hearing; Speaker Koffa Warns
On Friday, December 6, 2024, the Supreme Court rendered its opinion in the case involving members of the 55th House of Representatives about the un-Constitutionality of several actions taken by certain members of the House of Representatives, in which it was determined that any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires; and so members of the House of Representatives should conduct themselves accordingly.
The Supreme Court observed that it is the law in vogue that the Constitution must be interpreted in light of the entire document rather than a sequestered pronouncement because every provision is of equal importance, and even where there is apparent discrepancy between different provisions the court should harmonize them if possible.
According to the Supreme Court’s ruling, “This court’s interpretation of Article 33 of the Constitution (1986) is that whether a simple majority is sitting or a lower number, in both cases a Presiding Officer, defined in Article 49 of the Constitution is the Speaker, and in his/her absence, the Deputy Speaker.
“That in the event where the Speaker is presiding over a minority, the Constitution is devoid of the mechanism for how the minority is to compel attendance of absent members; and the Legislature has promulgated no enabling statute or standing rules setting forth the process for compelling absentee members to attend sessions as envisioned under Article 33 of the Constitution; and
“That under these circumstances, the Supreme Court cannot do for the Legislature what is within its purview to do, as to do so will be a violation of the Constitutional mandate of the separation of powers.
“Wherefore and in view of the foregoing, any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires. Hence, members of the House of Representatives are to conduct themselves accordingly. The Clerk of this Court is ordered to inform the parties. And it is hereby so ordered.”
In law, ultra vires is a Latin phrase that means “beyond the power”, and refers to an act that is performed without legal authority or that exceeds the scope of a corporation’s authority. The doctrine of ultra vires is most relevant to corporate, administrative and constitutional law. It ensures that laws are made legally, and that government branches or agencies do not exceed their delegated powers.
Legal pundits have described the Supreme Court’s ruling as clear and concise, observing that if the sittings of the “majority bloc” is ultra vires then it means that everything done by them, including holding sessions, suspending fellow lawmakers, restructuring House Committees and electing a “Speaker”, is beyond their powers, which makes it un-Constitutional and illegal.
However, the problem at the House of Representatives is unarguably far from being over, as both parties involved, “majority bloc” and “Koffa bloc”, appear firm on their earlier positions and resolute in continuing what they have been doing as if the Supreme Court’s ruling has no bearing on their activities, which have caused an impasse for over two months now.
Statements emanating from members of the “majority bloc” for the removal of Speaker Cllr. J. Fonati Koffa is that the Supreme Court did not find any actions by the “majority bloc” to be un-Constitutional, illegal, null, or void, as sought in Speaker Koffa’s petition, which they claim signifies that the petitioners’ arguments were rejected, and their actions were affirmed as lawful and consistent with Constitutional principles.
They have therefore resolved to continue their sittings in the Joint Chambers of the National Legislature to conduct the business of the Liberian people. On Friday, December 6, 2024, they released the calendar of events for budget hearing, which they say will begin on Monday, December 9, 2024.
If all goes as they plan, it is expected that on Monday the Ministry of Finance and Development planning, the Liberia Revenue Authority (LRA), the Liberia Maritime Authority (LiMA), the National Port Authority (NPA) and the Liberia Telecommunication Authority (LTA) would take the stand before the Ways, Means and Finance Committee of the “majority bloc”, Chaired by Representative P. Mike Jury.
On the other hand, members of the “Koffa bloc”, too, are seeing the Supreme Court’s ruling as a victory for their side, and insist that their colleagues from the other side respect and uphold the court’s ruling.
Representative Musa Hassan Bility of Nimba County’s district #7 has stated that reports of members of the “majority bloc” vowing to disregard the court’s decision not only undermine the authority of the Judiciary but also threaten the fragile peace and democratic progress of the country.
Representative Bility said, “The rule of law is the cornerstone of any democracy. When elected leaders and lawmakers fail to respect the decisions of the Supreme Court, they erode public trust in our institutions and set a dangerous precedent for others to follow. It is incumbent upon those in positions of power to lead by example, showing respect for the legal processes and principles that uphold our democracy.”
Also, Representative Marvin Cole of Bong County and of the “Koffa Bloc” has reiterated his accusation of the Executive branch masterminding the “mess” on Capitol Hill, and threatened that if the Boakai administration wants peace they will give it to them, but if they choose violence and war they will give it to them.
Speaking from his farm over the weekend in a trending video, Representative Cole said, “Look, let me say to you, if you want violence we will give it to you; if you want peace, we will give it to you. Nobody can run members of the National Patriotic Party [NPP] from lawlessness; nobody can run members of the National Patriotic Party from war, because we have experienced war. We have been part of a system that fought war in this country, so nobody can scare us. Only one man’s blood will be spilled by a single bullet, and the masses will respond, consistent with law.
“Now you want to come and challenge us: even though the Supreme Court has ruled that any sitting you have [without the presiding] is un-Constitutional and illegal, you say y’all will go to the Capitol Building [and continue your sittings]. All of us will move to the Capitol Building and dance the political dance together; only the strong will survive. We can guarantee that!” Representative Cole threatened.
“If this government wants peace, we will give them peace; but if they want war, we will give this government war. The law of this Republic must be respected by all persons. We are encouraging this government that the Liberian people are tired with war, and that’s why we have maintained our position of following the rule of law.
“…There is a Serpent Theory that I’ve always referred to: if you continue to push the serpent to the wall at the point of its death, its reprisal will be to bite you, and that is what we don’t want,” Representative Cole stated.
Meanwhile, embattled Speaker Fonati Koffa has described the Supreme Court’s ruling as a victory for democracy embedded in the rule of law. “We celebrate victory, not of a bloc, but of a democracy embedded in the rule of law. In the next few days, I will be reaching across the aisle to encourage my colleagues to return to work, do the Liberian people business, restructure the House, and contemplate my transition,” Speaker Koffa noted.
In a statement issued regarding the “majority bloc” conducting budget hearing on Monday, Speaker Koffa warned spending entities not to honor any invitation or appear for any hearing not scheduled by Representative Dixon Seboe, Chairman of Ways, Means and Finance, as any sittings or actions to the contrary will be ultra vires, and no decision taken therefrom will be cognizable at law.
“It has come to the attention of the Leadership of the House that certain absent members have organized themselves into committees to conduct budget hearings. This action is inconsistent and contrary to the Supreme Court’s decision in the matter ‘In Re: the Constitutionality of the Action of Certain Members of the House of Representatives’, as decided on Friday, December 6, 2024,” embattled Speaker Koffa’s statement read.
Cllr. Koffa encouraged lawmakers absent from the House Chambers to seek clarification of the Supreme Court’s ruling from competent legal authority in the event that they are unclear about its decision, rather to than engage in actions that undermine the rule of law.
“Furthermore, we urge all members to attend the upcoming session on Tuesday, December 10, 2024, where we aim to resolve this impasse and resume the vital work of serving the Liberian people. Let us prioritize unity, legality and our shared responsibility to the citizens of Liberia,” embattled Speaker Koffa’s statement continued.