The Supreme Court of Liberia, through Justice-in-Chambers Yussif D. Kaba, has dismissed a Bill of Information filed by former Montserrado County District #10 lawmaker Yekeh Y. Kolubah, ruling that the House of Representatives was not properly served with the stay order issued in connection with his petition for a writ of prohibition.
Justice Kaba delivered the ruling on Wednesday, May 20, 2026, in the Law Library at the Chambers of the Supreme Court. The dispute stems from Representative Kolubah’s judicial challenge to the House’s proceedings to expel him. Kolubah had earlier petitioned the Supreme Court for a writ of prohibition, arguing that the House’s disciplinary action violated due process and exceeded its constitutional authority.
In response, the Supreme Court issued a citation on April 16, ordering the House to stay all further proceedings pending the disposition of the petition. According to the Marshal’s return, the writ was delivered to the Office of the Chief Clerk, where a staff member signed for it upon instruction. The return stated that all parties had been “duly served.”
Despite the pending prohibition proceedings, the House of Representatives proceeded and voted to expel Kolubah from his seat. The House leadership argued that it had never received the Supreme Court’s stay order through the channel authorized under its rules, specifically Rule 26.5, which empowers only the Sergeant-at-Arms to receive and dispatch official documents.
The House maintained that service upon a staffer in the Chief Clerk’s office, whether a receptionist or computer operator, could not constitute lawful service, adding that, had it been properly served by the Sergeant-at-Arms, it would have fully complied with the Supreme Court’s mandate.
Justice Kaba agreed with the House’s argument, noting that proper service is a fundamental requirement before any party can be accused of violating a court order. Citing prior jurisprudence, the ruling stated: “All court officers empowered to serve precepts must always serve such document on the person authorized to receive a process; otherwise, service will not be considered proper.”
The Court held that the Sergeant-at-Arms is the designated officer to receive all documents addressed to the House under Rule 26.5. Any service carried out through other staff members is therefore legally insufficient.
The Chambers Justice’s ruling further emphasized that contempt proceedings require proof that the accused party had actual or constructive notice of the order allegedly disobeyed. Because the writ was not served in accordance with House rules, Justice Kaba found that the House was never brought under the court’s jurisdiction.
Justice Kaba dismissed the Bill of Information: “WHEREFORE, AND IN VIEW OF THE FOREGOING, the bill of information is hereby denied and dismissed for lack of proper service.” With the dismissal, the House’s expulsion of Representative Kolubah remains in force.
Appearing for Kolubah were Counsellors Kabineh M. Ja’neh, Jonathan Massaquoi, and Momodu G. Kandakai, while Counsellors Boye Layfeyee and Albert Sims represented the House leadership.
