By: Frank P Martin
MONROVIA: The Supreme Court of Liberia has blamed members of the House of Representatives (majority bloc) for acting beyond their constitutional duties in their attempt to remove House Speaker, Cllr. Jonathan Fonati Koffa.
In a highly anticipated ruling that reverberated across the corridors of power, the High Court, on December 6, 2024, declared that certain actions taken by members of the House of Representatives were unconstitutional.
The Supreme Court, in its ruling, therefore cautioned the Legislators to act rightly, and in line with Articles 33 and 49 of the Constitution of Liberia.
Her Honor, Chief Justice, Sie-A-Nyene G. Yuoh, along with the four Associate Justices of the Supreme Court of Liberia, presided over the case.
The High Court Associate Justices included Jamesetta H. Wolokolie, Yussif D. Kaba, Yamie Quiqui Gbeisay, Sr., and Ceaineh D. Clinton Johnson.
“That the Supreme Court, pursuant to Article 66 of the Constitution “shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from the courts of record, court not of records, administrative agencies, autonomous agencies or any authority, both as to the law and fact.
“Hence, the Supreme Court has the jurisdiction to decide constitutional issues arising out of internal dissensions among the members of the Legislature, as in the present case;
“That it is the law in vogue that the Constitution must be interpreted in light of the entire document rather than a sequestered pronouncement because every provision is of equal importance and even where there is apparent discrepancy between different provisions, the Court should harmonize them if possible,” the High Court said.
The courtroom was effectively overwhelmed by an atmosphere of silence and quietude as lawyers, legal scholars, law students, and other stakeholders listened to the interpretation of Articles 33 and 49 of the Constitution, which govern the functioning of the Legislature and the role of the Speaker.
However, at the heart of the matter were actions taken by a majority bloc of Representatives, ostensibly in defiance of constitutional requirements.
The case shone a harsh light on the internal dissensions plaguing the Legislature, a body that has increasingly been marred by factionalism and absenteeism, one observer said.
These divisions have often crippled its ability to function effectively, prompting Speaker Koffa and his allies’ legal team, headed by Cllr. Arthur Tamba Johnson, to file a Petition for a Writ of Mandamus before the Supreme Court of Liberia.
In its judgment, the Supreme Court delivered a comprehensive interpretation of the Constitution, rejecting the piecemeal approach to constitutional provisions and calling for coherence in their application.
In a striking declaration, the Court ruled that actions taken by members of the House of Representatives without adherence to the quorum requirements of Article 33 and the leadership structure outlined in Article 49 were “Ultra Vires”—beyond their legal authority.
Moreover, the Justices rebuked the Legislature for its failure to establish mechanisms for enforcing attendance and maintaining quorum.
The Supreme Court: That in the event where the Speaker is presiding over a minority, the Constitution is devoid of the mechanism for how the minority is to compel attendance of absent members; and the Legislature has promulgated no enabling statute or standing rules, setting forth the process for compelling absentee members to attend sessions as envisioned under Article 33 of the Constitution; and that under these circumstances, the Supreme Court cannot do for the Legislature what is within its purview to do, as to do so will be a violation of the constitutional mandate on the separation of powers.
“The Supreme Court cannot do for the Legislature what is within its purview to do,” the ruling read, reaffirming the judiciary’s respect for the principle of separation of powers.
“WHEREFORE AND IN VIEW OF THE FOREGOING, any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires. Hence, Members of the House of Representatives are to conduct themselves accordingly. The Clerk of this Court is ordered to inform the parties. AND IT IS HEREBY SO ORDERED.”
Some legislative and political analysts believe that the decision not only invalidates the contested legislative actions but also exposes systemic flaws within the House of Representatives.
According to the analysts, ‘the absence of enabling statutes or standing rules to compel attendance has left a vacuum, allowing political maneuvering to undermine the legislative process.’
The latest ruling by the country’s High Court is expected to have far-reaching political and legal implications in the Nation’s governance process.
Interestingly however, House Speaker, Cllr. Jonathan Fonati Koffa, praised the latest ruling by the Supreme Court which he said, has demonstrated its independence and reinforced his confidence and trust in the Liberian Judiciary.
According to a local TV station, Speaker Koffa spoke with reporters at the premises of the Temple of Justice on Capitol Hill in Monrovia minutes after the Supreme Court’s ruling on the matter. Speaker Koffa who applauded his supporters and legal team underscored the need for unity and peace among Legislators in the best interest of the Liberian Nation.
The ‘majority bloc’ in the House of Representatives has already seized on the judgment to declare victory for itself.
