Capitol Hill, Monrovia – Lawmakers against House Speaker J. Fonati Koffa are decided to press forward with their scheduled session on Tuesday, regardless of a writ of prohibition from the Supreme Court, which briefly halts their proceedings. The lawmakers, who declare to symbolize the bulk, allege that the Court’s intervention is an overreach into legislative authority and violates the separation of powers.
By Gerald C. Koinyeneh, [email protected]
“The Court has gone beyond its bounds,” acknowledged Rep. Samuel Kogar (People’s Unification Party, Nimba District #5), who chairs the Majority Bloc. “Liberians can be assured that the Judiciary will not stop the House from working. The court cannot dictate House leadership matters… The majority has decided to remove Fonati Koffa, and we will proceed with the Liberian people’s business on Tuesday.”
Expressing shock on the court docket’s resolution to challenge a nine-day writ of prohibition, Kogar questioned the timing.
“If one of our kind has gone to the court, what we expected was for the Justice in Chambers to call for a conference on Monday instead of stopping us from doing our constitutional business,” he stated.
The confrontation between the Supreme Court and the lawmakers escalated final week when Associate Justice Yamie Quiqui Gbeisay issued a keep order in opposition to the Majority Bloc’s plans to unseat Speaker Koffa. This resolution adopted a petition from Speaker Koffa difficult his opponents’ push for a vote of no confidence. The writ mandates that every one actions stop till a convention on Monday, November 4, 2024.
By directive of His Yamie Quiqui Gbeisay, Sr, Associate Justice presiding in Chambers, you might be hereby cited to a convention with His Honor on Monday, November 4, 2024, on the hour of 10:00 a.m., in reference to the above captioned case. Meanwhile, you might be ordered to remain all additional proceedings and/or actions within the matter pending the end result of the convention.
Cllr. Sam Mamulu, Clerk, Supreme Court, R.L
Excerpt of the writ: “By directive of His Yamie Quiqui Gbeisay, Sr, Associate Justice presiding in Chambers, you are hereby cited to a conference with His Honor on Monday, November 4, 2024, at the hour of 10:00 a.m., in connection with the above captioned case. Meanwhile, you are ordered to stay all further proceedings and/or actions in the matter pending the outcome of the conference.”
Legal Basis and Legislative Claims
Rep. Foday Fahnbulleh (Dist. #7, Bong County), a frontrunner within the transfer to take away Koffa, defended their proper to proceed, stating, “The writ of prohibition is an infringement on the Legislature’s constitutional authority.” Fahnbulleh cited Article 3 of the Liberian Constitution, which establishes the separation of powers, and Article 38, which supplies every House authority over its personal affairs.
The Majority Bloc insists that their actions align with constitutional provisions, highlighting Article 33, which they interpret as requiring solely a easy majority for quorum. With 43 members supporting their trigger, they argued that they surpass the required 37 for quorum, dismissing the Supreme Court’s reference to them as a “block” somewhat than plenary.
The Court has gone past its bounds. Liberians may be assured that the Judiciary is not going to cease the House from working. The court docket can’t inform the House what to do because it pertains to its management… The majority has determined to embark on the removing of Fonati Koffa, and we are going to go forward and do the Liberian individuals’s enterprise on Tuesday.
Rep. Samuel Kogar, Nimba District #5, Chairman, Majority Bloc
Article 33: “A 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.”
The Pro-Koffa group additionally acknowledged that though they’ve a majority, they’re the reputable aspect since they’ve the Speaker and Deputy Speaker with them. They claimed the House rule referred to as on the minority to compel the bulk to session. And this was the idea of their petition to the Supreme Court.
Rule 12.1 states “A quorum shall consist of a simple majority of the members of the Honorable House of Representatives. Quorum shall be necessary for the transaction of business. However, a minority may meet from day to day. Meetings at which a quorum is not present, only a motion to compel the attendance of absent members or to adjourn may be made.”
Pressure on Koffa’s Allies and Legislative Tensions
Speaker Koffa, unable to succeed in a quorum in latest periods, maintains he has the assist of 30 lawmakers. However, his opponents insist they’re shifting nearer to the two-thirds majority required to unseat him. Koffa has referred to as on dissenting members to attend official periods and focus on their grievances however has been met with repeated refusals, additional complicating makes an attempt to resolve the state of affairs internally.
In addition to making an attempt to unseat Speaker Koffa, the Majority Bloc has pressured Deputy Speaker Thomas P. Fallah, Chief Clerk Mildred Sayon, and different House officers to assist their efforts, warning that their positions could also be in danger if they don’t comply. They have additionally threatened to withhold salaries of lawmakers who refuse to align with them.
Constitutional Grounds and Legislative Autonomy
The Majority Bloc argues that the Supreme Court’s intervention undermines their legislative autonomy. According to Fahnbulleh, the writ successfully forces an adjournment longer than 5 days, which they declare violates Article 40. This article states that “Neither House shall adjourn for more than five days without the consent of the other and both Houses shall always sit in the same city.”
Citing Article 44, a number of lawmakers recommend the writ represents “legislative contempt” by obstructing the House from conducting its enterprise.
The bloc has signaled that they could take into account impeachment expenses in opposition to Justice Gbeisay, citing Article 43, ought to his rulings proceed to intrude with House proceedings. They additionally raised considerations that the writ was addressed to Rep. Kogar somewhat than the presiding officer, Rep. Clarence Gahr (District #5, Margibi County), who has been overseeing their periods since they resolved to not acknowledge Koffa as Speaker.
Looming Constitutional Crisis?
Legal specialists warn that the continued conflict might push Liberia towards a constitutional disaster, with potential repercussions for the stability of energy. “If lawmakers proceed in defiance of the Supreme Court, it could set a precedent for future confrontations between the branches of government,” famous a constitutional legislation skilled. “This could weaken democratic institutions and erode public trust.”
The lawyer claimed that if the anti-Koffa group defies the court docket order, the House might not conduct a session for greater than 5 days, and if this occurs, the Senate will cease holding periods as stipulated in Article 40 of the structure.
Amid public concern, civil society teams have urged each side to prioritize stability and search amicable options. Sources near Speaker Koffa point out that he stays assured the Supreme Court’s order will stand.
As the Majority Bloc strikes to convene its session on Tuesday in defiance of the Supreme Court’s writ, the standoff between the branches of presidency dangers plunging Liberia right into a protracted constitutional battle that might reshape the nation’s political panorama.
