MONROVIA: What has been described by legislative analysts as classic endorsement and support of the ‘Capitol Coup’ being executed by a renegade group of lawmakers, styled: ‘Majority Bloc,’ against the Speaker of the House of Representatives, Jonathan Fonati Koffa, has come under public spotlight, as three senior officials of the Executive Branch, headed by President Joseph Nyuma Boakai, responded to a citation by members of the ‘majority bloc.’
House Speaker, Cllr. Jonathan Fonati Koffa, had earlier communicated formally to President Joseph Boakai, cautioning the President that the majority bloc has communicated with officials of the Executive Branch to cooperate with it, and that he (President Boakai) should not allow any officials of the Executive Branch to deal with the ‘majority Bloc’.
Speaker Koffa, in his communication, further requested President Boakai to instruct his officials not to appear before the ‘majority bloc’, as doing so would “undermine the rule of law and set a dangerous precedent for our government.”
However, on Tuesday, November 12, 2024, legislative working day, the majority bloc’s session was graced by the appearance before it the Minister of Internal Affairs, Francis Sakila Nyumalin; Minister of Transport, Sirleaf Tyler; and Mo Ali, Managing Director of the Liberia Water and Sewer Corporation (LWSC).
The appearance of the three Executive Branch officials before the House ‘Majority Bloc’ follows recent statement by Information Minister, Jerolinmek Mathew Piah, that the Executive Branch, led by President Joseph Nyuma Boakai, has exercised caution to avoid overstepping its authority as it relates to the ongoing saga in the House of Representatives.
The standoff began when President Boakai initially decided to submit the budget proposal to House Speaker, Cllr. Jonathan Fonati Koffa, only to encounter resistance as the two opposing groups in the House of Representatives vied for recognition and control.
A group of 43 lawmakers has since called for the removal of Speaker Koffa in October, while 30 lawmakers declared their colleagues’ move as unconstitutional and abuse of the House’s rules.
Separate sessions have been held in both the Joint and main Chambers of the House of Representatives.
The Koffa removal brouhaha (brawl) further escalated when the House Speaker, a topnotch lawyer, sought intervention from the Supreme Court of Liberia, raising legal and constitutional stakes.
The Judiciary’s role in this crisis became more significant when the Supreme Court Justice in Chamber ordered the ‘Majority Bloc’ to follow the rule of law.
However, Minister Piah told the public recently that the Executive Branch has expressed “grave concern” over the legislative turmoil, acknowledging the dilemma it poses for the “Rescue Mission” in upholding the separation of powers while ensuring effective governance.
Piah: “The President has been acting cautiously not to be seen as taking any side. Once the Court got involved and whatever action the court took is of no secret. We have been careful not to intervene but that doesn’t mean we are not concerned.”
Minister Piah: “Do we want to see them resolve their issues? Yes.”
Minister Piah pointed out that the President has turned to legal experts for guidance, underscoring his commitment to respecting constitutional boundaries and maintaining the integrity of Liberia’s democratic institutions.
“The president said in that communication that he’s consulting legal expects on how to proceed further because once should be cautioned about anything that amounts to illegality because it exacerbates the situation,” Minister Piah disclosed via State Radio on Monday, November 11, 2024.
However, according to some keen political observers, the appearance of the three Executive Branch officials before the ‘Majority Bloc’ in its session indicates that its activities have been formally recognized by the Executive Branch, headed by President Joseph Nyuma Baokai.
Moreover, previously, social media were awash with claims that the Ministry of Transport and the Liberia Water and Sewer Corporation (LWSC) bankrolled the removal plot against Speaker Koffa as each of the anti-Koffa lawmakers received a bribe of US$25,000, with US$15 as initial payment for each member of the majority bloc.
Both the Ministry of Transport and the LWSC have denied bankrolling the Koffa removal plot.
Interestingly, the Liberia Anti-Corruption Commission (LACC), has formally announced that it is thoroughly investigating the much-publicized bribery claims involving some legislators, and that its findings and recommendations on the matter will be made public at the end of ongoing probe.
At the same time, Sinoe County Senator, Augustine Chea, who is also a Lawyer, has questioned 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 Acting Minister Samuel A. 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 Supreme Court 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 Senator 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”, Senator 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.
Senator 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, the Senator 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.
Meanwhile, the leadership of the House has expressed deep disappointment over the presence of Executive Officers at a recent meeting held by absentee lawmakers.
As a coordinating branch of government, the Executive Branch must avoid actions that could be perceived as taking side in budding constitutional crisis, which is far more consequential than a mere schoolyard dispute.
“ It is essential to act decisively in upholding our constitutional democracy and the rule of law. We continue to urge our colleagues to resolve this crisis by returning to session and following the grievance procedures as outlined in the House Riles and the Constitution of Liberia.
“Additionally, we reiterate our appeal to the executive branch to refrain from providing any form of support or encouragement to actions that contravene the constitution, as such actions could ultimately endanger the stability of our democracy.
Liberia is our shared heritage and responsibility,” a statement issued by the Press and Public Affairs,
House of Representatives said.
