SC to Declares Koon’s Leadership illegal? -Pundits Sense Possibility from Justices’ Line of Questioning

 By Garma Lomo

MONROVIA – The High Court listened to legal arguments on both sides – the majority bloc and the pro-Speaker Jonathan Koffa’s bloc on November 27, 2024, and as per what legal pundits say they have detected from the line of questioning by some of the justices, it is highly likely that the Court may object to the way Representative Richard Koon seized power as Speaker of the House of Representatives.

One of the Justices, Yusif D. Kaba, questioned the majority bloc’s lawyer, Varney Sherman, whether it was good for the majority to convene session of their own when the speaker was present. Justice Wolokolie asked how was Speaker Koffa removed and what procedure was used?

Asking further, Justice Kaba questioned Cllr. Sherman whether at the time of the commencement of the conflict, when the speaker was out of Liberia, all the meetings that were held were done within the confines of the law.

“Can there be a quorum without a speaker?” Justice Kaba further expanded his question.

During the argument before the full Bench of the Supreme Court, Cllr. Arthur T. Johnson representing embattled speaker Cllr. Fonati Kofa raised few issues, and the first issue was about jurisdiction, since indeed it is a subject matter, whether or not the doctrine of separation of powers is interfering into the legislative matter and the unconstitutional suspension of some members of the House of Representatives.

Cllr. Johnson maintained that the high court has jurisdiction over the matter citing Article 2 and Article 66 of the Liberian Constitution.

Kofa’s lawyer further asked, “Can a branch of government function on its own and do what pleases them? Is the action of the majority bloc consistent with due process?”

He added that the unconstitutional suspension of some lawmakers of the Honorable of House of Representatives should be declared unconstitutional in order to set a precedent for the future.

Cllr. Johnson also said the majority lawmakers are in violation of Article 33 and 49 of the Constitution of Liberia including Rule 7&9 of the House standing rules.

He however indicated that due process should be accorded his client where there will be a hearing, minutes of records, evidence presented and witnesses produced, but that but in this case, it was not done for his client.

 Kofa’s lawyer cited Article 20(a) of the constitution being violated against his client and also reference the Edwin Snowe removal case.

“We can’t have two speakers in the House at the same time,” Cllr. Johnson tells Supreme Court justices, and prayed the court to declare the action of the majority bloc unconstitutional and illegal and give due process to his client.

As for his part, arguing before the court on behalf of the majority bloc, Cllr. H. Varney Sherman asked the court to take judicial notice when members of the House of Representatives attempted to enter for the purpose of presenting vote of no confidence to the office of the speaker, they were prevented by Representative Marvin Cole of Bong County District #3 and others.

According to him, Representative Cole closed all the doors to joint chambers leaving the majority bloc forced to read their resolution outside the chamber.

He said majority bloc filed a complaint against speaker Kofa in which committee was set up to investigate him and report of the committee was sent to plenary and it was voted upon.

Cllr. Sherman prayed the High Court to leave the legislative matter with the lawmakers themselves to handle their own affairs.