MONROVIA – The edict announced by Supreme Court Justice in Chambers in the case arising from House Speaker Jonathan F. Koffa’s plea for writ of prohibition to compel 43 of his colleagues seeking that they return under his gavel is so terse and inelaborate that many wonder over the justification for unchaining the dissenters from the prohibition order. From the layman’s view, it seems Justice Yamie Gbessay has added more gasoline into the fire because it seems options on both sides suggest a fight to death. As The Analyst reports, the legitimate faction = the status quo—is not taking things lying down, as the embattled Speaker and his supporters, including ranking members of the House, have announced a series of actions to exhaust their appetite for, and right to, the rule of law and fair play.
Nearly two months running, the 55th National Legislature remains virtually dormant since one of its wings, the House of Representatives, is rendered impotent by power struggles between House Speaker J. Fonati Koffa and 30 of his supporters on the one hand and a group of 43 mutinous lawmakers seeking the Speaker’s overthrow on the other.
In an apparent bid to normalize activities of the House, and consistent with his desire to have right to a day in court regarding grievances of his rebellious colleagues, Speaker Koffa had prayed the Supreme Court of Liberia to stop the dissenting legislators holding parallel sessions and exercising parallel authority.
Judge in Chambers, Associated Justice Yamie Gbessay who received the writ of prohibition from the House Speaker, having listened to arguments and counterarguments of lawyers of both factions, on Wednesday of the week announced his disinclination to keep his earlier “stop order” on the dissenting group. Why he did so is still a question lingering on the minds of Liberians following the power struggle on Capitol Hill.
Petitioner Koffa Reacts
Meanwhile, the man whose call for order and normalcy and rule of law in the instant case, Speaker Koffa, has reacted to Justice Yamie Gbessay’s action.
Speaker Koffa has taken cognizance of the ruling from the Supreme Court of Liberia, in which Justice Yamie Gbessay declined to effectuate a writ of prohibition prayed for to stop the “illegal actions” of some members of the House to hold sessions outside of the law.
He expressed respect for the decision of Justice Gbessay but notes that such does not exhaust his legal options.
“I’m standing on the side of the law and will remain on course to ensure that no group of members will subvert the constitution of Liberia and the house rules,” he asserted. “We intend to take further legal actions in the coming days to assert our rights before the law.”
The Grand Kru representative vowed that he would not resign “in the face of such callous disregard to the legal process.”
Bility Reechoes Koffa’s Stance
One ranking member of the 55th House of Representatives who has unapologetically stood on “the side of the law” and with Speaker Koffa since the outburst the legislative uprising is Nimba County representative Musa Hassan Bility.
Minutes following the release of Justice Gbessay’s verdict, Representative Bility ran on his highly active Facebook page to reecho news that “Cllr. J. Fonati Koffa, has taken cognizance of the latest ruling from the Supreme Court of Liberia, in which Justice Yamie Gbessay declined to issue a writ of prohibition that sought to prevent unauthorized legislative sessions by certain members of the House.”
The wrote further: “Speaker Koffa respects the decision of Justice Gbessay but emphasizes that this ruling does not exhaust his legal options in addressing this matter. In response to the court’s decision, Speaker Koffa stated, “I am standing firmly on the side of the law and will remain resolute in ensuring that no group of members can subvert the Constitution of the Republic of Liberia or the established rules of the House. We intend to take further legal actions in the coming days to assert our rights within the framework of the law. I will not resign in the face of such callous disregard for the legal process.”
“The Speaker expressed his commitment to uphold the integrity of the legislative process and prevent any actions that compromise the constitutional order of the House of Representatives,” Bility further quoted the speaker, adding: “He reiterated his dedication to ensuring that all legislative proceedings are conducted in accordance with the law and House regulations.”
Our Correspondent’s Report from Supreme Court
Our judiciary correspondent reported that the Supreme Court Chamber Justice Yamie Quiqui Gbeisay on Wednesday November 6,2024, rejected to issue the Alternative Writ prayed by Speaker Fonati Kofa legal team.
The edict indicated: “By directive of his Honor Yamie Quiqui Gbeisay, Associate Justice presiding in Chambers, you are hereby informed that the Justice has declined to issue the writ prayed for. Meanwhile, stay order of October 24,2024, is hereby lifted.”
It can be recalled that on Monday November 4,2024, Justice Yamie Quiqui Gbeisay heard arguments between the minority and majority blocs of embattled Speaker Fonati Kofa in order to make an informed decision.
During the arguments, Justice Gbeisay questioned Cllr. Varney Sherman who was representing the majority bloc of Speaker Kofa why not his clients return to the main chambers of the House of Representatives and deliver their complaints and the person they having issue step aside and his deputy presided rather than staying away?
He clarified that his stay order issued didn’t prevent lawmakers from assembling from performing their functions but rather its their illegal actions toward the removal process.
Arguing for the majority bloc against Speaker Kofa, Cllr. H. Varney Sherman denied that nothing has been done to remove the speaker because he’s still enjoying his speakership under the law of the Republic of Liberia.
Cllr. Sherman said, the petition filed by speaker Kofa was pre-matured and as far as he’s concerned, nothing is happening at the House of Representatives.
While Cllr. Syrenius Cephas former Associate Justice Kabineh J’aneh said, the lawmakers should give their client due process. Since Article 49 gives them the right to elect n remove speaker.
Article 49
The House of Representative shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The speaker, the Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House.
Speaker with Judicial reporters, some lawmakers from the majority bloc agreed to have session in the main chambers of the House of Representatives this Tuesday November 5,2024 to initiate the due process highlighted by Cllr. Kofa lawyers.
It can be recalled on October 25,2024, the Chambers Justice issued a stay order on every proceedings of the anti Kofa bloc pending the outcome of today’s conference.
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