By Our Staff Writer
MONROVIA: In a heated legal standoff between members of the two opposing groups in the House of Representatives, the Supreme Court of Liberia has issued a mandate, urging lawmakers who are attempting to unseat House Speaker, Cllr. Jonathan Fonati Koffa, to respect established Constitutional processes.
Associate Justice Yamie Quiqui Gbeisay, presiding over a Conference on Monday, November 4, 2024, instructed the lawmakers to return to the House Chamber and conduct legislative matters in adherence to due process of law.
The move comes amid efforts by a faction within the House of Representatives, styled, ‘majority bloc’ to remove Speaker Koffa, a move that has sparked debate over the legality and procedural integrity of the process.
The controversy centers on whether the majority bloc, led by Representative Samuel Kogar of Nimba County, and represented legally by former Grand Cape Mount Senator, Cllr. H. Varney G. Sherman, and Atty. Garrison Yealue, followed constitutional protocols.
During the conference, Cllr. Sherman acknowledged that while efforts had been made to initiate the Speaker’s removal, the formal process as required by law had not been completed.
Cllr. Sherman admitted to the High Court that Speaker Koffa’s position remains intact, until these procedures are followed, a point that Associate Justice Gbeisay underscored.
The legal experts say their arguments rest on several key Constitutional provisions, namely: Articles 49, 38, and 33 of the 1986 Liberian Constitution.
Article 49 provides that the Speaker, Deputy Speaker, and other elected House officers can only be removed by a two-thirds majority vote based on justifiable cause.
Article 49 of the 1986 Constitution of the Republic of Liberia states that “The House of Representative shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The Speaker, the 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.”
Article 38 allows each House to establish and enforce its own rules and committees.
Article 38: “Each House shall adopt its own rules of procedure, enforce order and with the concurrence of two-thirds of the entire membership, may expel a member for cause. Each House shall establish its own committees and sub-committees; provided, however, that the committees on revenues and appropriations shall consist of one member from each County. All rules adopted by the Legislature shall conform to the requirements of due process of law laid down in this Constitution.”
Article 33 requires a simple majority quorum to conduct business.
Article 33: “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. Whenever the House of Representatives and the Senate shall meet in joint session, the presiding officer of the House of Representatives shall preside.”
Speaker Koffa’s legal representatives including former Associate Justice of the Supreme Court of Liberia, Kabineh Ja’neh; and Cllr. Sayma Cyrenius Cephas, former Solicitor General of Liberia, argued that these provisions mandate strict adherence to due process, which the majority bloc allegedly disregarded.
In support of Speaker Koffa, Cllr. Cephas cited Article 31, which demands that all legislators take an oath to uphold the Constitution.
He further argued that the lawmakers seeking Koffa’s removal from the House Speaker post miserably failed to honor this commitment by bypassing established procedural norms, thus, infringing upon Speaker Koffa’s constitutional rights.
Cllr. Cephas emphasized that the attempt to remove the Speaker without following these protocols undermines the rule of law.
The Majority bloc’s argument, as presented by Cllr. Sherman is grounded in a complaint they filed on October 21, 2024, which they assert, Speaker Koffa has not formally addressed.
Cllr. Sherman argued that this lack of response justifies the lawmakers’ efforts to initiate removal proceedings.
However, Justice Gbeisay questioned Cllr. Sherman about the formal complaint process, highlighting a need for clarity on whether Koffa was duly notified in line with legislative norms.
Following this intense exchanges, Justice Gbeisay reiterated the importance of adhering to legal protocols, emphasizing that due process must be respected.
Therefore, he (Justice Gbeisay) directed the ‘Majority bloc’ to resume legislative duties under Speaker Koffa’s leadership until proper procedural steps are observed.
Cllr. Sherman responded affirmatively, indicating that the lawmakers will comply with the directive.
