High Court Reserves Immediate Ruling -Liberians on Edge for Historically Existential Decision 

By: Anthony Q. Jiffan, Jr.

MONROVIA – The nation and people stand at a critical juncture of history as the High Court of the land holds on to ruling on the fact of the law surrounding the feud between two groups of lawmakers in the House of Representatives at each other’s throat for the post of Speakership. Pundits conjecture that it is either the Supreme Court emboldens the “majority bloc” on the argument of that it is a “political case” and that “no one branch of government has right to undo decisions by another” calling it interference” or that the Supreme upholds the insistence of the “minority bloc” on “rule of law”, “the days of jungle justice are over” and “give me my day in court”. It any case, history will be made such that the country will hardly forget, which is why the people are edgy and anxious to hear the final ruling, as The Analyst reports.

The Supreme Court of Liberia has reserved its ruling in the case involving the Speaker of the House of Representatives, Cllr. J. Fonati Koffa, and a segment of lawmakers calling themselves the “majority bloc”.

Since the last two months, peace is yet to return to the House as the “majority bloc” has announced the overthrow of Koffa whom they accused of six “violations”, some criminal, declaring a vote of no-confidence in him as Speaker, set out a parallel administration, and refusing to give him trial consistent with their rules and the Constitution.

Speaker Koffa on Thursday, November 21, 2024 petitioned the High Court for a writ of mandamus seeking a declarative judgment to declare the actions of the majority bloc of the House of Representatives specifically, his removal and the handling of the 2025 national budget, as unconstitutional.

During the hearing on Wednesday, November 27, 2024, the majority bloc, represented by Cllr. Varney Sherman, urged the Supreme Court to refrain from intervening in legislative matters, asserting that such issues are inherently political and do not violate any constitutional provisions.

“You will not get involved with legislative matters unless the process is unconstitutional, the House of Representatives has the power to remove their speaker and they have done that. So, leave it,” Cllr. Sherman argued.

The majority bloc contended that due process was followed in Koffa’s removal; they detailed that on October 21, 2024 a letter was sent to Koffa, inviting him to a session convened by the majority bloc to ensure he received due process. 

Although Cllr. Varney Sherman said the letter was acknowledged on October 22, Koffa did not attend the session stating that a complaint was filed, a committee was setup and a citation was issued, but Speaker Koffa chose to disregard the proceedings.

With this, the “majority bloc” prayed the court to stay out of the crisis at the National Legislature, indicating that it is political and it violates no constitutional statute.

Meanwhile, the petitioners have prayed that the court declares the action of the majority bloc as unconstitutional with an argument that any gathering held by members of the House of Representatives without the speaker presiding while he is available and ready to conduct business is unconstitutional.

In their prayer, the petitioners represented by Cllr. Arthur Johnson argued that the sitting of the majority is unconstitutional because they refuse to sit under a legitimate speaker, therefore, all decisions taken thereof are illegal, citing Article 33 of the 1986 constitution.

Article 33 of the Liberia Constitution says “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 a joint session, the presiding officer of the House Representatives shall preside.”

“We ask the Supreme Court to declare the action of the majority unconstitutional as it will set a precedent for future generations,” the petitioners’ counsel said. “If you don’t it that means any group of lawmakers who are in the majority anywhere, whether right or wrong, can do anything because they are the majority.”

The Justice Ministry, represented by it Solicitor General Cllr. Augustine Fayiah and Assistant Minister for Litigation Cllr. Jerry Garlawolu said the matter before the court is not questioning the constitution but certain actions of some members of the House of Representatives.

The prosecution further said, the Ministry of Justice is not allowed to be on the side of any party and it can’t advise the Judiciary neither the Legislature and prayed court to drop them (MOJ) from the proceedings in order to not be entangled into legislative matter.

Following the submissions of the parties and the Ministry of Justice, the High Court announced it was deferring ruling to an unspecified date, leaving the highly emotional and divided public in suspense.

There are Liberians who contend that a ruling in favor of the “majority bloc” would be bad precedence because it would be justifying “might makes right”, “tyranny of the majority”, “country of men, and not of the law” and erode faith in the “rule of law” doctrine of the nation’s democracy.

Supporters of the rebellious lawmakers say if the high court were to grant the declarative judgement prayed for the Koffa bloc, it would exalt the imposition by the minority over the majority under the guise of the “rule of law”.

“Whatever the Supreme Court says as a judgement will be consequential to the future of democracy and fair play, and I think the justices will have to muster the willpower not only set a bad precedence but also set fire on the country,” J. T. Nagbe, II, student of law, said in an interview at the grounds of Temple of Justice yesterday.