After entertaining arguments between both parties in legal proceedings over the removal of House of Representatives Speaker J. Fonati Koffa, the Supreme Court of Liberia has reserved ruling in the matter.
The justices’ decision comes after Cllr. Varney Sherman, lawyer for the majority, and Cllr Arthur Johnson representing the minority bloc, battled in a tense legal exchange before the high court on Wednesday, November 27, 2024.
During arguments, Koffa’s lead lawyer Cllr. Arthur T. Johnson questioned whether the Supreme Court has the power or jurisdiction to interfere in the case; citing Article 2 of the Constitution of Liberia.
Cllr. Johnson stated that the 1986 Constitution has a binding force and effect on all authorities and persons throughout the Republic when “any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it shall, to the extent of the inconsistency, be void and of no legal effect.”
He said the Supreme Court has the power of judicial review and is empowered to declare any inconsistent laws unconstitutional. Cllr. Johnson further cited Article 33 of the constitution and argued that Speaker Koffa, as per the law, called the “Majority Bloc” after days of absence from sessions yet refused to attend.
Additionally, on November 21, 2024, the “Majority Bloc” held a session which did not meet the required quorum to remove the Speaker as per the law- “at least 49 votes for a two-thirds majority to remove a Speaker. He argues that only 40 lawmakers were present during the session.
Furthermore, as per House Standing Rule 10, he said the Speaker as the presiding officer shall preside over all sessions, and in his absence, the Deputy Speaker may act in this capacity. Interestingly, the Speaker is present and healthy to do the Liberian People’s business yet the Majority Bloc didn’t follow law.
According Johnson, in accordance with his client due process, Members of the House must assemble in plenary and submit a complaint against the Speaker of which he will allow the Deputy Speaker to preside and refer the matter to the committee on Rules and Order to investigate.
He said the Majority Bloc removal of the speaker is strictly in violation of Article 20 of the Liberian Constitution, which guarantees due process.
Cllr. Johnson emphasized that the session was convened without his client’s authorization or presence, violating Article 49 of the Constitution and House Standing Rule 10, which grants him (Koffa) exclusive authority to call and preside over legislative sessions.
Johnson also argued that the lack of proper procedure rendered the actions taken during that session unconstitutional and invalid.
He said lawmakers were suspended arbitrarily by the Majority Bloc without following due process as outlined in Article 20 and Rule 48 of the House Standing Rules. He argues that these suspensions further undermine the legitimacy of the actions taken against Koffa.
Cllr. Johnson said Deputy Speaker Thomas Fallah and other members unlawfully seized the 2025 Draft National Budget that has been addressed to his Client as the legitimate Speaker of the House.
Johnson prayed the Supreme Court to declare all actions taken by the Majority Bloc during the contested session null and void, reinstating Speaker Koffa and restoring legislative order.
“We can’t have two speakers” Cllr. Johnson tells Supreme Court justices.
But in counter argument, Cllr. H. Varney Sherman asked the court to take judicial notice when members of the House of Representatives attempted to enter for the purpose of presenting a vote of no confidence to the office of the speaker, but were prevented by Representative Marvin Cole of Bong County District #3 and others.
Cllr. Sherman said Rep. Cole closed all the doors to the Joint Chambers leaving the Majority Bloc forced to read their resolution outside the chamber.
“Having sessions in the joint chambers is not illegal or unconstitutional as being perceived by the embattled speaker’s lawyers,” said Sherman.
Moreover, he said the Majority Bloc filed a complaint against Speaker Kofa in which a committee was set up to investigate him and a report of the committee was sent to plenary and voted upon.
Cllr. Sherman prayed the high court to leave the legislative matter with the lawmakers themselves to handle their own affairs.
As for the Justice Ministry, represented by Solicitor General Cllr. Augustine Fayiah, Assistant Minister for Litigation Cllr. Jerry Garlawolu, amongst others, said the matter before the court is not questioning the constitution but certain actions of some members of the House of Representatives.
The prosecution further said, the Ministry of Justice is not allowed to be on the side of any party and it can’t advise the Judiciary nor the Legislature, praying court to drop them (MOJ) from the proceedings in order not to get entangled into Legislative matters.
After listening to all sides, the Supreme Court reserved ruling into the unconstitutionality of the actions of certain lawmakers thereby leaving embattled Speaker Koffa’s fate uncertain.
On Tuesday, November 26, 2024, lawyers representing embattled Speaker J. Fonati Koffa ran to the Full Bench and requested the Supreme Court to declare Representative Richard Koon’s speakership as unconstitutional.
By T.Q. Lula Jaurey
