The Constitution Must Be Respected!

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The House of Representatives has been embroiled with a series of brouhahas centered on the division of the body over an ongoing attempt to strip House Speaker J. Fonati Koffa of his position.

On October 17, 2024, about 47 lawmakers named and styled ‘Majority Bloc’ signed a resolution calling for the removal of the Speaker for various reasons outlined therein. The ‘Minority Bloc’ has been holding parallel ‘sessions’ in the joint chambers of the legislature without the Speaker.

In the meantime, the regular session of the House has not been able to do legislative business because it lacks the simple majority of 37 representatives required to acquire a quorum. Due to the lack of quorum and consistent with Article 33 of the Constitution, the Speaker has had to adjourn sessions more two occasions. Article 33 says that “Simple majority of each House shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members”. In compliance with this constitutional provision, the Speaker fled to the Supreme Court praying for a Writ of Prohibition against the majority lawmakers. The Court, on Friday, October 25, 2024, issued a stay order on proceedings as part of an attempt to oust Speaker Koffa after he prayed the court to intervene. Interestingly, the ‘majority bloc’ ignored the Court’s Order and held ‘session’. Key members of the ‘majority bloc’ openly challenged the authority of the Supreme Court to intervene in this matter and flatly refused to honor the court’s order.

On October 31, 2024, the Deputy Speaker, Thomas Fallah, joined the “Majority Bloc” apparently in obedience to a letter sent to him by the ‘majority bloc’, commanding him to preside over their sessions as they met the requirement for quorum.

The Liberian Constitution is clear as to how a Speaker can be elected and removed from office. Article 49 of the Constitution says “The House of Representative shall elect once every six years a Speaker who shall be the presiding body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The Speaker, Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House”. This is the constitution, which all lawmakers swore to uphold and defend. If the ‘majority bloc’ believes that it has the number (49 lawmakers) to remove the Speaker, it should do so in line with the constitution. There is now where in the constitution where it says that lawmakers absent from session can assemble anywhere outside House Chambers, and without the Speaker, convene session to conduct legislative business. This is ILLEGAL, WRONG, AND UNCONSTITUTIONAL.

We lost over 250,000 lives during the civil conflict, some of it due to lawlessness, injustice and the preference of political power over the rule of law. As one of legal experts put it, “respect for the Constitution is not optional; and adherence to the Supreme Court’s rulings is not negotiable. In a functional democracy, the RULE OF LAW always takes precedence over political maneuvering. To disregard this is to invite chaos where power, not principle, reigns. He goes further “Law supersedes all political interferences, and to undermine it is to erode the very foundation of the state.”

The Liberian people are no longer prepared to tolerate any action outside of the rule of law, especially actions that undermine their hard-won PEACE.

We therefore urge the absent lawmakers or ‘majority bloc’ to return to the chambers of the House and follow the constitutional roadmap laid out for the removal of the Speaker. This is what the Constitution that each lawmaker swears to uphold and defend upon induction into office says. Follow the constitution and adhere to the RULE OF LAW!!!

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