By Victor Senyon
Bachelor of Arts (BA), History, University of Liberia
Master of Arts (MA), Modern History, Sharda University, India
+231880356121/0777165542
senyonvictor@gmsail.com
Background
Liberia has a bicameral Legislative system that comprises the House of Representatives and the House of Senate. When both Houses meet in line with the Constitution of Liberia, the joint session is presided over by the Speaker of the House of representatives (article 33). This is one of multiple reasons why the Speakership is highly contested as he/she is the third most powerful official of Government base on succession clause to the presidency (article 64).
The Speaker is elected by his fellow representatives who have the authority to remove him/her from power based on cause (article 49). Several Speakers have been removed by their colleagues in rather controversial circumstances. But since the end of the Liberian civil war, three Speakers have been replaced by their colleagues. Namely, Hon. George Dweh of the National Transitional Legislative Assembly (NTLA) was suspended by his colleagues for time indefinite in 2005, while Edwin Melvin Snowe Jr., 2007 and Alex J. Tyler, 2016) have been forced to resigned after controversial removals. In 2024, Speaker J. Fonati Koffa is becoming a victim of illegal removal by his colleagues.
The intent of this analysis is to compare the Snowe removal with Hon. J. Fonati Koffa ousting by Jutax-posing both rulings delivered by the High Court in the land. It will further demonstrate that the Supreme Court delivered two different verdicts in cases that had close proximity. Finally, the question of why the Court might have acted in such manner will be assessed.
Snowe Elected as Speaker
In 2005, Liberian went to the polls and elected a President and members of the National Legislature after the end of civil war in 2003. The 64 member House of Representatives elected an independent lawmaker who was heavily backed by Opposition Congress for Democratic Change (CDC), Edwin Melvin Snowe Jr. in 2006 as Speaker. One year later in 2007, Hon Snowe was removed by his colleagues for what they referred to as acts in incompatible with his functions as Speaker of the 52st National Legislature. Amongst other things, he was accused of unilaterally writing an official communication to China’s major rival, Taiwan at its Embassy in Banjul, The Gambia requesting for diplomatic relations which ran contrary to Liberia’s one China policy, covertly travelling with and presenting a Lebanese national as member of the Liberian parliamentary delegation to an international Conference in the United Arab Emirates, etc.
For these allegations, on January 15, 2007 about 48 members of the 64 member House of representatives led Rep. Dr. Ketterkumeh Murray, convened at the Unity Conference Center in Virginia outside Monrovia and adopted a resolution to remove Speaker Snowe. On January 18, 2007, Snowe was voted out of office. But the House Speaker rejected his colleagues’ actions and sought a remedy at law at the Supreme Court of Liberia by filing a ‘’Writ of Prohibition’’ through his legal counsel led by Cllr. Varney Sherman. He asked the highest Court to declare his removal as unconstitutional because there was no due process granted him as requires by law. In a counter argument, lawyers representing the majority bloc led by Cllr. Michael Wilkins Wright and Cllr. Franis S. Garlawolo prayed the court to deny the writ of prohibition filed by Speaker Snowe on grounds that due process was granted to the removed Speaker. Additionally, Garlawolo and Wright contended that the Supreme Court had no jurisdiction over the matter because of its political nature and in keeping with the doctrine of separation of powers contains in article 3 of the Liberian Constitution.
Supreme Court Ruling in the Snowe Case
In an emergency session on Saturday, January 29, 2007, the Court listened to both parties making their respective arguments. On Monday, January, 31, the Supreme Court delivered a verdict in which it said ‘’all acts taken’’ against Speaker Snowe by some members of the lower house holding session in Virginia were unconstitutional and that Snowe remains the assembly’s Speaker in the eyes of the law. In this particular case, the Supreme Court was not ambiguous in its ruling as done in the Koffa’s case. The court went further to call for an investigation in the bribery saga involving Mr. Snowe removal.
In consonance with the ruling, a communication to House Speaker Snowe from the majority bloc informed him that he was reinstated based on the Supreme Court ruling. House Chief Clerk Atty. James R. Kaba was instructed by the majority bloc to write Chief Justice, His Honor Johnnie N. Lewis informing him that the ruling of the court was executed. Hon. Snowe later resigned willingly without any cohesion on Thursday, February 15, 2007.
Koffa comes to power
Similarly, in 2024, Hon. J. Fonati Koffa was elected as Speaker of the 55th National Legislature on January 15 after a heated Presidential and legislative elections in 2023. On October 17, 2024, a majority bloc led by Deputy Speaker Thomas P. Fallah attempted to remove the Speaker while he was away in Italy along with President Joseph N. Boakai Sr.
In a six count resolution, his colleagues alleged among other things, corruption in the form of receiving US$ 4,038,687 instead of the US$1,102,528 allotted to his Deputy Speaker Office in the 2023 National Budget, his involvement as lead consultant and lawyer for multiple concessions, and private companies that fall under the legislature oversight, unilaterally selecting Liberia’s representatives to ECOWAS Parliament, unilateral altering of the 2024 National budget and establishing new committees and departments, conviction in the United States, etc.
Upon his returned to the country, the majority members have refused to sit under Koffa’s gavel on grounds that he had lost their confidence and trust. While Speaker Koffa and some members of the house have been meeting in the main Chambers, the majority bloc have been conducting regularly sessions in the Joint Chambers of the Legislature while also asking koffa to resign. However, Speaker Koffa has maintained that he won’t resign unless he is removed through a due process of two 2/3 majority vote as contains in article 49 of the Liberian Constitution.
Amidst the standoff, on November 21, 2024, Richard Nagbe Koon was elected Speaker by the majority bloc as Speaker replacing Cllr. Koffa, but like Snowe, Koffa rejected the move as unconstitutional and sought redress at the Supreme of Liberia. In his petition, Speaker Koffa who earlier served as Deputy Speaker of the 54th National Legislature from 2021 to 2024, questioned the legitimacy of the legislative session that elected Koon which did not meet his authorization in line with article 49. He further argued that restructuring committees without his knowledge was illegal. Suspending some members of his bloc as unconstitutional. He prayed the Court to declare all actions taken by the majority bloc as unconstitutional and ‘’null and void’’
Supreme Court Opinion in the Koffa Case
The Supreme Court of Liberia delivered its opinion on the matter on Friday, December 6, 2024. Chief Justice, Her Honor Sie-A- Nyene Yuoh read the court’s opinion on behalf of the full bench. She said any action taken outside the bounds of the Constitution is illegal; urging both parties to resolve their issue by returning to the Chambers and adhering to Constitutional procedures. In summary the Chief Justice mentioned that “any sittings or actions by members of the Legislature not in conformity with the intent of articles 33 and 49 of the Constitution are ultra vires and void”.
Unlike in the Edwin Melvin Snowe removal case where the Supreme court was very clear in its ruling, the Court judgement in the J. Fonati Koffa removal case was ambiguous and subject to multiple interpretations by both sides. Even though the scenarios bear similarities, but the verdicts were conspicuously different. The question is why?
The brave full bench of the Supreme Court in 2007 that adjudicated the Snowe case vs the weak 2024 full bench that rendered judgement in the Koffa case.
2007 full bench
His Honor Johnnie N. Lewis————————-Chief Justice
His Honor Francis S. Korkpor, Sr.——————-Associate Justice
His Honor Kabineh M. Ja’neh ———————–Associate Justice
His Honor Jamesetta Howard Wolokolie————Associate Justice
Her Honor Gladys Johnson—————————Associate Justice
2024 full bench
Her Honor Sie-A-Nyene G. Yuoh———————–Chief Justice
Honor Jamesetta Howard Wolokolie———————Associate Justice
His Honor Yussif D. Kaba———————————Associate Justice
His Honor Yamie Quiqui Gbeisay———————– Associate Justice
Her Honor Ceaineh Clinton Johnson——————–Associate Justice
Answering why the judgments are different
In the opinion of this writer, this is because the current court under the Leadership of Chief Justice Yuoh is weak and has no bravery to deliver a judgement that could define their side purely base on a clearer interpretation of the Law. The Court failed to deliver on the substantiative of Cllr. Koffa complaints such as the illegal restructuring of Statutory Committees, holding of illegal sessions, seizing of the 2025 National Budget by the majority bloc, failure to accord him due process, etc, were never independently addressed by the High Court in its December 6, 2024 ruling.
Secondly, Justice Youh and her colleagues deliberate attempt to leave the population in suspense on this serious matter prompted the Justice Minister, Cllr. Oswald Tweh to interpret the ruling using his political lenses instead of legal ones. It brings to mind about the authenticity of Hon. Yekeh Y. Kolubah allegations that the Chief Justice who is expected to retire by 2026 due to age limit could be trashing out a deal with the Joseph Boakai administration for cabinet post after her Constitutional retirement. As a direct result of this, she is prepared to compromise justice in favor of the UP government.
Thirdly, the Supreme Court might have been heavily induced by functionaries of the Executive Branch of Government to deliver ruling that would keep Unity Party Speaker in Richard Nagbe Koon in power. From all indications, the Supreme Court ruling did not settle the matter in a plain legal language that would have ended the quagmire. Instead, its ruling built more tension across the country. Whatever happens in the end, whether Koffa resigns or not, the Court did not do justice to him like it served Hon. Snowe in 2007.
As things stand only Hon. Koffa resignation can put the country on its legal and peaceful path as the majority bloc doesn’t care about the outcome of her actions at the moment. Liberians are watching to see what happens by early 2025 if the matter is not resolve in the few days remaining in 2024.
If the House Speaker J. Fonati Koffa decides to resign today or not he will be remembered as a person who stood on the side of the Law. In fact, resignation would see his name written in the Guinness book of record as a legal luminary who accepted to bow out of power despite knowing that the law was on his side. If you do an opinion poll among Cllr. Koffa supporters and many well-wishers, majority will tell you that the Speaker should just resign for the sake of peace. Hopefully he will listen to them and do what is widely expected to be view of most of his support-based.
