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Supreme Court of Liberia

Supreme Court To Rule In House Impasse Friday

The Supreme Court will on today Friday, December 6, 2024 give its verdict in the long-running impasse at the House of Representatives.

On Thursday, December 5, 2024, the Supreme Court mandated its sheriff to notify the parties involved in the cause of action, or their legal representatives, that the court will give ruling in the matter on December 6, 2024 at 3:00 p.m. The court also cited the parties involved to be present for the ruling.

It can be recalled that the Capitol Building witnessed a complete dramatic episode on Thursday, November 21, 2024 when members of the “majority bloc”, though less than two-thirds majority, purportedly ousted the Speaker of the 55th House of Representatives, Cllr. J. Fonati Koffa, and subsequently elected Montserrado County’s district #11 Representative, Richard N. Koon, as the new “Speaker”.

The drama began with the “majority bloc” endorsing the findings of a specialized committee established recently to investigate Speaker Koffa, which reported that Koffa has failed to respond to the allegations levied against him by six members of the “majority bloc” after being invited three times to appear before them.

The Acting Chief Clerk, Comic Chea, then read a resolution proffered by Bong County’s district #2 Representative, James Kolleh, for Cllr. Koffa to vacate the Speakership, which was arguably supported with the signatures of fifty (50) representatives.

Unfortunately, names of those considered signatories of the resolution included representatives Thomas Goshua, Matthew Joe, Rugie Barry, Alex Noah, Priscilla Cooper and Bintu Massally, all of whom are now members of the “Koffa bloc” and have provided notarized documents rescinding their decision to sign the resolution.

Interestingly, the “majority bloc”, with only forty-one (41) lawmakers in its session, proceeded to name the Deputy Speaker, Thomas P. Fallah, as Acting Speaker to serve for sixty (60) days, to be followed by the election of a new Speaker. But Deputy Speaker Fallah turned down the position and requested that the body conduct the election for speakership immediately. The body then elected Representative Koon on white ballot.

However, after all the drama unfolded at the Joint Chambers occupied by the “majority bloc”, the embattled Speaker, Cllr. Koffa, reinvigorated his colleagues and supporters by posting on his Facebook page that “Nothing has happened”.

A few hours later, a legal petition, signed by Cllr. Arthur T. Johnson and Cllr. James E. Pierre, surfaced, with twenty-eight (28) representatives, including Rugie Barry, Priscilia Cooper, Thomas Goshua, Bintu Massally, Matthew Joe and Alex Noah, petitioning the Full Bench of the Supreme Court to take seize of the Constitutionality of certain actions taken by some members of the House of Representatives, including Deputy Speaker Fallah and Representative Samuel G. Kogar.

The petitioners, referred to as the “Koffa bloc”, petitioned the Supreme Court’s Full Bench to declare the actions of their colleagues by usurping the function of the Speaker’s authority as un-Constitutional and illegal. They accused members of the “majority bloc” of deliberately refusing to attend regular and lawful sessions presided over by the Speaker and are, instead, participating in unconstitutional gatherings illegally presided over by the Deputy Speaker, in violation of Article 49 of the Constitution and Standing Rule #10.

“Legally, Speaker Koffa is and remains the Speaker of the House of Representatives with the authority mandated by the Constitution and Rule 10 as the Presiding Officer of the House. Under Rule 10, he is vested with the sole authority to call, convene and preside over legislative sessions of the House. His Constitutional authority cannot be replaced or usurped until he is removed in accordance with Article 49, which requires not only an affirmative vote of two-thirds of the membership of the House of Representatives, but also as a pre-requisite for removal a hearing consistent with due process of law. None of these mandatory Constitutional requirements being met, the action of the respondents in usurping the duties, functions and responsibilities of Speaker Koffa is unconstitutional and null and void ab initio,” the 28 lawmakers’ petition observed.

The petitioners also accused the “majority bloc” of unconstitutionally suspending members of the House of Representatives, including Edward P. Flomo, Abu B. Kamara and Marvin Cole, without first affording them the necessary and required Constitutional due process mandated by Article 20 of the Constitution and Rule #48 of the House Standing Rules.

They further informed the Supreme Court that the respondents have illegally restructured and reconstituted under the alleged authority of the purported and illegal plenary by restructuring and reconstituting Statutory Committees of the House of Representatives, in violation of the Committees’ Chairmen and Co-Chairmen appointment by the Speaker for a three-year term, subject only to their removal by an affirmative vote of two-thirds vote of the membership of the House of Representatives.

Finally, the petitioners accused the respondents of seizing and taking possession of the 2025 Draft National Budget, and therefore prayed that the Supreme Court declares all actions and decisions taken thereon to be unconstitutional and a violation of Article 49 of the Constitution and Rule #10 of the House Standing Rules.

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