IPNEWS: Barely 24hrs, the Supreme Court of Liberia has sharply reacted to Justice Minister Cllr. N. Oswald Tweh opinion on the ongoing legal standoff at the House of Representative that members of the self-styled ‘Majority Bloc’ decision to remove Speaker Koffa, and reconstitute committee were constitutes a valid, legal and constitutional.
Justice Minister Tweh stated that his “considered opinion and the law supports his opinion, that the budgetary process can be legally carried out by the majority members provided they meet the same standards laid out by the Supreme court’s opinion, forming an integral part of my opinion and that my decision therefrom is constitutional, legal and valid.”
Contrary to opinion by Justice Minister Tweh, the Supreme Court of Liberia says reports that its December 6, 2024, judgement in the House of Representatives crisis was ambiguous and left the House in further chaos, the Court says finally and unequivocally that Speaker Fonati Koffa’s removal by the majority bloc was ‘unconstitutional and a flagrant violation’ of the House Standing Rules.
The full opinion is often released three working days after the release of the judgement.
In its detailed ruling, the Supreme Court emphasized the constitutional role of the Speaker as outlined in Article 49 of the Liberian Constitution.
“Article 49 designates the Speaker as the presiding officer of the House of Representatives with the constitutional mandate to ensure the proper functioning of the House,” the Court stated.
The Court further referenced Standing Rule 10 of the House, which underscores the Speaker’s authority to “call, convene, and preside over all sessions” of the House.
The Supreme Court took particular exception to the actions of Speaker Koffa’s detractors, who organized and participated in what it described as “unconstitutional gatherings” presided over by Deputy Speaker Thomas Fallah.
“The Members deliberately refused to attend regular and lawful sessions presided over by the Speaker of the House and instead participated in unconstitutional gatherings,” the ruling stated.
The Court’s ruling made clear that Speaker Koffa remains the lawful leader of the House of Representatives.
“Legally, Speaker Koffa is and remains the Speaker of the House of Representatives with the authority mandated by the Constitution and Rule 10 as the presiding officer of the House,” the ruling affirmed.
“His constitutional authority cannot be replaced or usurped until he is removed in accordance with Article 49, which requires not only an affirmative vote of two-thirds of the Membership of the House of Representatives but also, as a prerequisite for removal, a hearing consistent with due process of law.”
The Supreme Court further declared that the majority bloc’s failure to adhere to these constitutional requirements rendered their actions “null and void ab initio.” Illegal Suspension of Lawmakers
The ruling also found the suspension of Representatives Edward Flomo, Abu Kamara, and Marvin Cole equally unconstitutional.
“The Members compounded their use of the purported and illegal Plenary by unconstitutionally suspending Honorable Members without first affording them the necessary and required constitutional due process mandated by Article 20 of the Liberian Constitution and Rule 48 of the House Standing Rules,” the Court noted.
Restructuring of Committees Declared Invalid
In yet another rebuke, the Supreme Court nullified the restructuring and reconstitution of statutory committees by the majority bloc.
The Court held that the committees, whose chairpersons and co-chairpersons were appointed by the Speaker for three-year terms, could only be altered by an affirmative two-thirds vote of the House Membership.
“The illegal restructuring of statutory committees violates both the Standing Rules and the constitutional authority of the Speaker,” the Court stated.
On the heels of Justice Minister, Cllr. N. Oswald Tweh opinion, Senate Pro Tempore Nyonblee Karnga Lawrence announced that the Senate has taken a majority decision to endorsed the Legal opinion of the Justice Minister Cllr. Oswald Tweh in the recent supreme court ruling.
The Decision to do so according to Pro Tempore Lawrence, is a result of Justice Minister Cllr. Oswald Tweh legal interpretation of the Supreme Court’s ruling on the matter which he said, states that, the majority members of the House of Representatives who were conducting session in the joint chambers met the constitutional requirements.
On the flipside, immediately following the pronouncement, Margibi County Senator , Nathaniel McGill, expressed serious opposition of the decision Senate thus distancing himself from doing business with the majority bloc.
According to the former Liberian Minister of State, the Supreme Court’s judgment recognizes the embattled Speaker Fonati Koffa as the legitimate Speaker of Liberia and not the Majority bloc Richard Koon.
Meanwhile, intense lobby are ongoing by elements of the Executive for the resignation of Speaker J. Fonati Koffa.
Reliable sources have hinted the authoritative Independent Probe Newspaper that late Sunday night, December 8 meeting, President Joseph Boakai urged House Speaker Fonati Koffa to resign, threatening to strip him of immunities, including security and police protection if he refuses, but Speaker Koffa has reportedly vehemently rejected the offer sparking early Monday morning confusion at the Capitol Building.
Other sources tell IPNEWS that at another meeting held Tuesday morning, December 9, President Boakai reiterated his desire for Speaker Koffa’s resignation which was again turned down, prompting President Boakai to threatened his support to the Majority Bloc’s push to remove him from office and revoke all his protections.
The Liberian Constitution provides that Speaker Koffa is second in the line of succession and the third-highest-ranking official in the country after the President and Vice President.
Tensions Escalate at the Capitol
The President’s alleged ultimatum comes amid heightened tensions following a violent altercation at the Capitol Building on Monday. Heavily armed police officers stormed the seat of the Legislature, injuring lawmakers and staffers aligned with Speaker Koffa.
The police presence, allegedly requested by the Majority Bloc to facilitate the 2025 budget hearings, sparked outrage. Speaker Koffa had earlier declared the hearings illegal and advised the Executive Branch to boycott the process. Supporters of the Speaker attempted to block the hearings, resulting in a violent confrontation when the police arrived.
Reports emerged that When Koffa refused, the President reportedly warned that he would support the Majority Bloc’s push to remove him from office and revoke all his protections. Among the injured were Reps Luther Collins (Gbarpolu County), who sustained significant arm injuries after being beaten with a baton, and Yekeh Kolubah (District #10, Montserrado County). Several staffers were also injured, including one seen bleeding profusely from the head in a live social media broadcast. Another staffer was treated with bandages at a local clinic in Monrovia.
Speaker Koffa’s Condemnation
Addressing reporters on Monday, Speaker Koffa condemned the police actions and accused the Executive of escalating the conflict.
“I am extremely disappointed. We have repeatedly asked the Executive Branch to ensure the rule of law prevails,” he said. “The disappointing part is seeing members of the Executive and police brutalizing lawmakers. This suggests the so-called absentee lawmakers are receiving aid and comfort from the Executive in this treasonable plot. It is unfortunate and undermines our democracy. We call on all sides to step back and respect the rule of law and the Supreme Court, which is the final arbiter.”
Majority Bloc Pushes Forward
The Majority Bloc is reportedly increasing pressure on the Executive to strip Speaker Koffa of his immunities. Early Tuesday, tensions remained high at the Capitol with a significant riot police presence as lawmakers from both sides arrived.
However, proceedings stalled when both the Majority and Minority blocs adjourned their respective sessions due to a lack of quorum. The stalemate continues despite a Supreme Court ruling, leaving the legislative crisis unresolved.
