Don’t Deliver “SONA” Before House’s “Absentee Members” -Cllr. Cephus Cautions Pres. Boakai

MONROVIA – Cllr Sayma  Syrenius Cephus has given his candid legal opinion  to a group of international legal experts and justice advocates on  the  platforms of the  International Criminal Court(ICC), the European Criminal Bar Association (ECBA),  the International Residual Mechanism (“Mechanism”)  for all   International Criminal Courts and Tribunals(IRMCT), in The Hague, The Netherlands,    and the African Court on Human and People’s Rights (ACtHPR) based in Arusha Tanzania, as to  why  the Liberian  President, Joseph Nyumah Boakai, cannot and should  not deliver  his legislative agenda for the fiscal year 2024/2025 before  a group of  “Absentee members”  calling themselves “Majority Bloc.”

He said President Boakai cannot deliver his SONA before    controversial Speaker, Richard Nagbe Koon so as   not to desecrate the sanctity of such a solemn occasion.

Writing on each of their platforms and in response to an avalanche of questions, Cllr. Cephus noted that Article 33 of the 1986 Constitution designates the so-called “majority bloc” as “absentee members” as such, the group lacks the legal standing and legal capacity to convene a constitutional convocation under Article 58 and perform any action appertaining thereto, for and on behalf of the House of Representatives of the 55th Legislature.

He said only the Speaker duly elected under Article 49 of the 1986 Constitution and Rules 9.1 of the House’s Standing Rules can cause the convening of a joint session of the Liberian legislature for such momentous occasion.

 Defending his argument to the admiration of his colleagues, Cllr Cephus said the Supreme Court of Liberia having given a   ruling to the effect that any sitting of the House that is inconsistent with Articles 33 and 49 is ultra vires, all actions taken, including but not limited to the purported declaration of a vacancy for the post of speaker, the   election conducted by “absentee members” as well as the passage of the 2024/25 budget are unreservedly NULL and VOID. 

He said the Article 33 of the 1986 Constitution designates the “absentee members” as legislative “mavericks” as such it employs the word “compel” as a compelling instrument to ensure their unconditional attendance of legislative sessions.

Speaking further, Cllr. Cephus said while there is no statutory or constitutional mechanism as to how absentee members are to be compelled to attend legislative sessions, if there exists a constitutional enforcement paralysis as in the instant case, the President, as Head of State under 50, should have assisted the Speaker to compel compliance.

 Cllr. Cephus said Article 33 having   constitutionally designated majority bloc as “absentee members”, any action, decision, representation made, position taken on any issue, including the election of Richard Nagbe Koon as Speaker of the House together with the passage of the 202/25 fiscal budge   are absolutely illegal and void ab initio.

Answering a question from a female lawyer as to the legality of the passage of the budget, Cllr. Cephus noted that the concurrence given by the Liberian Senate to the budget passed by absentee members and its subsequent signing into law by   President Joseph Nyumah Boakai amounted to an egregious constitutional violation under Article 76(5), which makes it a treasonable offense, for any other action that abrogates or undermines the 1986 Constitution.

 He said the only institution that has not honored any illegal invitation by the absentee members is the Liberian judiciary.

Speaking further, he said the greatest challenge facing the Liberian leader and the other two branches of the Liberian Government is not the violation that has been committed but whether the President or any other branch of the Government already aware that any sitting that is inconsistent with Article 33 and 49 is ultra vires will honor an invitation extended to it by a Speaker elected by a group of “absentee members” of the House.

Cllr. Cephus added that the President exercising  the powers granted him under Article 50 of the 1986 Constitution, as Head of Government, head of state and Commander-In-Chief of the Armed Forces of Liberia and cognizant of his constitutional oath of office, under Article 53,  must uphold, defend and protect the 1986 Constitution, and therefore,  cannot and  should  not  accept any  invitation extended his office by a group of “absentee members” of the House and their absentee speaker so elected,   to deliver his legislative agenda  as in keeping with Article 58 of the 1986 Constitution.

Concluding, he said, any invitation extended to any institution by the “absentee members” of the House including any invitation for the State of the Nation Address (SONA) extended to any branch of the government of agency by the House under the gavel of Richard Nagbe Koon who was elected by absentee members is ultra vires.

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