MONROVIA: Sinoe County Senator, Augustine Chea, who is also a respected Lawyer, has called into serious question the legitimacy of the recent communication from the Acting Minister of State for Presidential Affairs, Samuel A. Stevquoh, and addressed to the Chief Clerk of the House of Representatives, on the postponement of the National Budget submission for fiscal year 2025.
Senator Chea pointed out that such communication from the Acting Minister of State should have been directly addressed to House Speaker, Cllr. Jonathan Fonati Koffa.
According to Minister Stevquoit, it was on account of the unresolved internal conflicts within the House of Representatives.
The dispute originates from Speaker Koffa’s recent petition for a writ of prohibition regarding legislative sessions held in the Joint Chambers, which he alleged were unauthorized and disruptive.
The petition was ultimately denied by Justice in Chamber Yamie Gbeisay, who ruled that the issue was a political, not legal, matter, thereby leaving it outside the Supreme Court’s purview.
According to Cllr. Chea, Justice Gbeisay’s decision reflects a “political question doctrine”—a legal principle that precludes judicial intervention in disputes that are more appropriate for resolution within the political sphere.
In his analysis, the respected lawyer clarified that while the Supreme Court refused Koffa’s request to prohibit sessions in the Joint Chambers, “this decision does not constitute a victory for either side. Instead, it emphasizes the non-judicial nature of the Speaker’s complaint, which could only be addressed by internal legislative processes.”
The Sinoe County lawmaker argued that Speaker Koffa’s lack of quorum prohibits him from holding sessions independently, while simultaneously, the “majority bloc” cannot convene sessions without his authority under Article 49 of the 1986 Constitution of Liberia.
Senator Chea: “Speaker Koffa remains the legitimate presiding officer of the House of Representatives until a two-thirds majority votes otherwise.”
He referenced Article 49, which requires a two-thirds majority (49 Representatives) to remove a House Speaker.
“Until then”, Cllr. Chea asserted, “the constitutionally recognized structure requires the Speaker’s presence to authorize and preside over sessions, making the Deputy Speaker’s role limited to situations where the Speaker is absent due to illness, travel, or similar circumstances.”
Senator Chea emphasized that the Constitution of the Republic of Liberia does not recognize terms such as “majority bloc” or “minority bloc.”
The Senator maintains that “these factions lack official standing within the House of Representatives.”
“What the Constitution requires is a simple majority for regular sessions and a two-thirds majority for significant actions, such as removing the Speaker,” he further explained, citing Article 20(a) on the necessity of due process.
The ramifications of this controversy have now reached beyond the House itself.
Cllr. Chea argued that both the Judicial and the Executive Branches of Government must refrain from engaging with the “majority bloc” in any official capacity, given its lack of legal authority to hold or compel legislative sessions.
Instead, Cllr. Chea said the House Speaker alone should be the recipient of official communications from the Executive Branch, including the budget submission, until the matter is resolved.
