MONROVIA: The matter involving attempts by some lawmakers, calling themselves “Majority Bloc” to remove House Speaker, Cllr. Jonathan Fonati Koffa, has been taken back to the Supreme Court of Liberia.
Liberia’s topnotch human rights lawyer, and Professor of Law at the Louis Arthur Grimes School of Law of the University of Liberia, Cllr. Tiawan Saye Gongloe, has petitioned the Supreme Court of Liberia to declare the removal of House Speaker, Cllr. Koffa, unconstitutional, and his replacement by Montserrado Electoral District#-11 Representative, Richard Koon, also unconstitutional.
Gongloe, in his petition, further told the High Court that the suspension of Representatives Edward Flomo, Abu Kamara and Marvin Cole and the restructuring of the leadership of the House by “Majority Bloc” are unconstitutional.
Gongloe further told the High Court that the same measure which was taken is not in conformity with Articles 33 and 49 of the Constitution of Liberia.
He calls on the Supreme Court “to order the absent members to attend to their legislative duties in keeping with the Constitution of Liberia.”
According to him, particularly in keeping with Article 33, which provides for a lower number to compel absent members of either House to be present for the conduct of legislative business.
He also asked the Supreme Court to provide any other remedy in resolving petitions before it “consistent with the Supremacy of law over politics” in the Republic of Liberia.
Cllr. Gongloe who is the former President of the Liberia National Bar Association stressed that, “the supremacy of law over politics is fundamental to the stability and integrity of an organized democratic society.”
According to him, the Supreme Court of Liberia must uphold its constitutional role by addressing and resolving contentious issues emanating from the Legislative Branch, including disputes over the House leadership.
According to the law professor, “Judicial intervention is not an infringement but a necessary measure to preserve the rule of law, ensure separation of powers, and protect democratic principles.”
He maintained that upholding these constitutional imperatives is essential for fostering a resilient and just democratic governance structure in Liberia.
“It is important to draw the Court’s attention to certain historical facts that should be considered to be taken into consideration in deciding this case. It is a historical fact that Liberia is the oldest constitutional democracy in Africa and its legislature is the oldest legislative body on the entire continent. In fact, the Liberian legislature is the oldest governmental body in Liberia,” he noted.
He said following the independence of Liberia on July 26, 1847, the first branch of government established by the people of Liberia was the National Legislature on August 3, 1847.
He also said the legislature, then organized a presidential election in October 1847 and the first elected President of Liberia, Joseph Jenkins Roberts, was administered his oath of office on January 3, 1848 by the Speaker of the House of Representatives.
He narrated that this event was followed by the inauguration of President Roberts that he constituted the Judiciary beginning with the appointment of Samuel Benedict as the first Chief Justice of the Supreme Court and other justices of the Supreme Court and judges of subordinate courts.
“The point here to remember is that the oldest branch of government reminded by the Court to restrict all its actions within the scope of the law, from 1914 up to present. It is important to note the incidence of breaking the law has been more frequent since 2007 up to present,” Gongloe told the High Court.
He said “on each occasion, this Court has spoken clearly to the need for lawmakers to remain within boundaries of the Constitution in all of their actions, both in dealing with each other’s and in interacting with members of the other branches of government.”
Cllr. Gongloe said “by continuously acting outside the scope of the Constitution, some members are by their actions risking lawmakers to be called lawbreakers, so the law must remain supreme under all conditions and circumstances in the exercise of all political rights.”
Touching on practical implications for Liberian Democracy, Cllr. Gongloe said, “in the Liberian context, allowing the Supreme Court to resolve legislative leadership disputes strengthens democratic institutions, promotes accountability, and ensures that political dynamics do not override legal and constitutional mandates.”
Commenting comparative jurisprudence, the Law Professor added that, “in numerous democratic jurisdictions, supreme courts actively resolve legislative disputes to maintain constitutional order.”
For instance, he added, in the United State of America, the Supreme Court has consistently affirmed its role in ensuring legislative adherence to constitutional principles, thereby enhancing democratic governance. Powell v. McCormack, 395 U.S. 486 (1969)
He made specific reference to Powell v. McCormack of America dealt with the House of Representatives’ attempt to exclude a duly elected member, Adam Clayton Powell Jr., despite him meeting all constitutional qualifications for office. In that case, the Court held that Congress could not exclude a member who had been duly elected and met all constitutional requirements.
He pointed out the Superiority of Law over Politics in an organized democratic society.
“In an organized democratic society, the Constitution serves as the supreme law of the land, establishing the framework within which political processes and institutions operate,” the rights lawyer maintains.
He said the principle of the rule of law dictates that all actions by government entities and officials must conform to constitutional mandates, thereby ensuring accountability, transparency, and fairness. This position is supported by Article two of the Constitution which provides, “This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the Republic.
Last week, the High Court gave a ruling based on previous petition submitted to it by House Speaker, Jonathan Fonati Koffa, on efforts by some lawmakers to have him removed unconstitutionally, and without any due process of law.
