IPNEWS: It now more than three weeks since the Supreme Court of Liberia received a Bill of Information from House Speaker J. Fonati Koffa on December 12, 2024 to address issues relating to misinterpretations of the court’s December 6, 2024, ruling by the ‘majority bloc’ and the Attorney General of Liberia, many had expected that the Apex Court would have immediately delved into the matter and curtailed the looming constitutional crisis rocking the foundation of the country’s constitutional democracy. But that is not what is obtaining, a bid of delays, leaving pundits bewildered and asking, ‘What’s up with the hearing?”
As the situation now stands, Liberians and Liberia watchers are left even more confused over what appears to be the Supreme Court’s delays in addressing the Koffa bloc Bill of Information, even as the nation recedes deeper into a blistering chaos marked by the seemingly flagrant violations of the rule of law.
The Supreme Court delay, in addressing the Koffa group’s Bill of Information, political pundit believe, portends a missed opportunity for judicial precedent in a country teetering on the brink of instability fueled by a leadership crisis that could undermine the rule of law and democratic governance in a fragile state.
Pundits contend that for one to fully understand the current situation at the House of Representatives, wherein the Majority Bloc and its leadership have been officially recognized by the Executive Branch of government and the Liberian Senate in total contravention of the Supreme Court’s December ruling, it is important to grasp the reasons why embattled Speaker Fonati Koffa filed a Bill of Information to the Supreme Court, against the backdrop of the Court’s December 6th ruling for the fueling parties to return to status quo ante.
When embattled Speaker filed on December 12, he explicitly prayed for the Supreme Court to declare the actions of purported Speaker Koon and Members of the Majority Bloc null and void ab initio; and sessions, hearings, or decisions are in violation of the Court’s Ruling and Final Judgment, ultra vires and unconstitutional.
The ‘minority bloc’ also prayed that the Supreme Court to further determine that actions of purported Speaker Koon and Deputy Speaker Thomas Fallah, and other Members of the Majority Bloc in defying the Court’s Ruling and Final Judgment, ultra vires and unconstitutional.
They prayed for the Supreme Court to order the Minister of Justice and Attorney General, Counselor N. Oswald Tweh to publicly recall his opinion that misinterpreted the Court’s December 6 Ruling.
Since filing its Bill of Information on December 12, the country has further degenerated into a chaotic situation which pundits believe would have been averted had the highest court come up with a clear-cut ruling to address the complainant’s Bill of Information.
The Capitol Hill riot, the fire incident at the Capitol Building, and the 5G passage of the National Budget, remain some of the undercurrents of a looming crisis that could bludgeon into calamity if care is not taken.
According to Wlemongar Krangar, a keen observer of the Capitol Hill crisis, delays by the Supreme Court in the galloping resolving constitutional disputes in Liberia’s House of Representatives have now surfaced with serious implications including the blatant public appearance of President Joseph N. Boakai with the disputed “Speaker” Richard Koon.
“The Supreme Court’s failure to provide clear directives weakens its authority, and fosters legal uncertainty, ambiguity and non-compliance in our divided and polarized society,” Krangar said.
“We also note that public disillusionment and loss of trust are rising due to the lack of clarity and decisive action from the judiciary. This inaction is damaging public confidence in the Court’s ability to uphold constitutional integrity.”
He said indicated that the Court’s reluctance to resolve key constitutional questions undermines judicial review as a tool for clarifying laws and ensuring future compliance, which some citizens would mistake for compromise or tacit support to the ‘majority bloc’ and what the entire government is doing at the rule of law.
“This is a missed opportunity for judicial precedent,” another pundit suggested. “The judiciary’s hesitance to fully resolve disputes risks entrenching the current constitutional crisis, deepening the instability in our society which is gullible and lacks critical thinking of complex issues.”
“To restore democratic governance, the full bench of the Supreme Court must act decisively to clarify ambiguities and enforce its rulings. Further delays in the interpretation of its prior ruling in the House of Representatives saga are manifesting as a weak Supreme Court,” Jerry C. Lincoln stated emphatically in one of his social media posts made over the weekend.
Other concerned citizens are equally confused as to why the Supreme Court refuses to hear Speaker Koffa’s Bill of Information case, a situation that leaves room for speculation as to the intent of the Supreme Court hesitancy.
“It is obvious that the Supreme Court will not hear the Bill of Information case anytime soon because as you know there are many things at stake. The Bill of Information hearing would have delayed passage of the 2025 national budget which was presided over by Speaker Koon and his majority bloc. You saw what happened when President Boakai visited the Capitol Building after the fire incident, how Speaker Koffa was marginalized to the extent he had to sit among directors while the president, the vice president and Richard Koon sat together discussing. The Supreme Court cannot do anything about that Bill of Information when President Boakai doesn’t want to see Cllr. Koffa presiding,” a concerned Liberian voiced her opinion to this paper.
In the midst of the legislative crisis, Speaker Koffa remains adamant that he will only leave office if he is accorded due process in line with constitutional provisions.
According to Speaker Koffa, he still has faith that Africa’s oldest republic will overcome ongoing attempts to circumvent the constitution through extrajudicial means of usurping power.
“The law is the law,” Speaker Koffa said.
