Ahead of the today’s, Tuesday, November 26, 2024 hearing before the Full Bench of the Supreme Court of Liberia, lawyers representing embattled House of Representatives Speaker J. Fonati Koffa have petitioned the court to declare Representative Richard Koon’s speakership as unconstitutional.
The lawyers’ request contained in a petition filed before the court on Monday, November 25, 2024, questioned the constitutionality of Speaker Koffa’s removal, stating that the subsequent and purported election of Representative Koon as Speaker of the House of Representatives is unconstitutional.
Koffa’s lawyers said that all additional, other actions and decisions taken during the November 1, 2024 meeting should be null and void ab –initio of no legal effect.
The petitioners prayed the court to place a stay order mandating and commanding the parties to return to status quo ante, pending the determination of the case. Therefore, they urged the justices to grant their request as deemed just and legal.
The lawyers’ nine counts petition quoted Article 66 of the 1986 Constitution of Liberia which 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 records, non-courts of records, administrative agencies, autonomous agencies or any other authority, both as to the law and facts.”
The document revealed that the Supreme Court has exercised its constitutional authority to determine the constitutionality of legislative statutes, actions and other conduct of the legislature.
The lawyers said embattled Speaker Koffa was duly elected as Speaker of the 55th Legislature in accordance with the provision of article 49 of the constitution and has served in that capacity since his election on January 15, 2024; as such, he is the constitutional presiding officer.
The petitioner maintained that the House of Representatives Standing Rules 7 provides that the Speaker should be the Presiding Officer of the House, responsible for calling, convening and presiding over all sessions.
The petitioners said that the Majority Bloc’s purported and illegal Plenary of the House Representatives without the speaker, actions and decisions are unconstitutional.
Koffa, through his lawyers, alleged that some members have deliberately and falsely misrepresented that 50 members of the house signed resolutions for his removal.
Count 9 of the petition stated that any resolution to remove the Speaker, the Deputy Speaker and other officers of the House elected must be for a cost and requires a due process hearing as defined by decisional laws and house standing rules 48.
By T.Q. Lula Jaurey
