Chief Justice Youh Asked: “Do You Want Illegal Money?”
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Prominent Liberian Lawyer and former Associate Justice, Cllr. Michael Wilkins Wright, who is the lead lawyer for the “majority bloc” in the protracted House of Representatives leadership rift had a tough time when the full bench of the Supreme Court heard the Bill of Information Petition filed by embattled Speaker, Cllr. Fonati Kofa receiving a barrage of questions from the Justices.
Following an intense argument into the Writ of Mandamus filed by seven lawmakers from the minority group, the Chief Justice of the Supreme Court of Liberia has questioned the House “minority bloc” Lawyers, do you want illegal money?
“You (your) said the passage of the budget is illegal what you want for this court to do,” the Supreme Court head further questioned Cllr. Weight.
Former Associate Justice Micheal Wilkins Wright what fish the high court has fried in lawmakers’ salaries issues?
The argument was heard on March 26,2025 and ruling reserved.
According to the Chief Justice, there is a procedure when it comes to expenditure by the Ministry of Finance and Development planning.
“Do you want us leave our Jurisdiction to instruct the Minister of Finance for Development Planning to pay the lawmakers?”
Lamenting further, Chief Justice Youh told Cllr Wright and his colleague, Cllr. Elisha Forkeyoh that Minister of Finance and Development Planning is not the one preparing the House payroll and how can we compel them to pay some members of the House of Representatives?
But Cllr. Wright, who sat on the Supreme Court Bench years ago and one time serve a judge at the ECOWAS Court in Abuja, Nigeria,, argued that due process wasn’t accorded the suspended lawmakers and because of the illegal suspension of my clients, they haven’t been paid about four months.
Justice Wright
Cllr Wright narrated that every action taken by the self-styled “majority bloc’ speaker after December 6,2024 was ultra vire and therefore his clients should be paid.
Closing the argument, Cllr. Forkeyoh said, the budget law captured all the Representatives on the payroll and every list of salaries from any government agencies, pass through the Ministry of Finance and Development planning but CSA review them.
He added that controller prepares the request for salaries that why he is party to the writ of Mandamus.
Cllr. Forkeyoh therefore, prayed court to compel the Minister of Finance and Development planning to pay the lawmakers their just benefits and salaries.
The presiding Justice in Chamber, Ceaineh Clinton-Johnson on Thursday February 27,2025. held a hearing concerning a petition for a writ of mandamus filed by some member of the 55th House of Representatives against the Minister of Finance and Development Planning Augustine Kpehe Ngafuan and Comptroller Mr. Emmanuel Kopi of the 55thLegislature.
Those lawmakers include—Rep. Abu Kamara, Marvin Cole, Frank Saah Foko, Edward Papie Flomo, Eugene Kollie, Alex Noah, and Zinnah Norman—
Petitioner argued that the petition for a Writ of Mandamus is the proper remedy to compel the Minister of Finance and Development Planning and Comptroller of the 55th Legislature to pay the said salaries and benefits as appropriated and approved in the National Budget, as a matter of law.
Members of the “Minority bloc,” stated that they were duly elected by their respective constituencies on October 10, 2023, and sworn into office on January 15, 2024. They contend that they are entitled to their full compensation and benefits as appropriated in the National Budget.
The further said that the Supreme Court of Liberia, has jurisdiction over the matter pursuant to Article 66 of the 1986 Constitution of Liberia, which grants the Supreme Court the sole authority to issue remedial writs, including Mandamus, when appointed and elected public officials unlawfully refuse to perform their statutory and constitutional duties.
For his part, a lawyer representing the Minister of Finance and Development planning argued that at no time the Ministry of Finance has withheld any lawmakers’ salaries.
He added the Ministry of Finance only gives better expenditure of the budget when the budget is passed and prepare the annual cash plan.
The Finance Minister’s legal counsel added his client (Finance Minister) doesn’t prepare payroll and can he be compelled to pay suspended lawmakers.
He prayed court to dismiss the petition against his client (Finance Minister) because only takes instructions act upon and more besides there are procedure to follow from the Civil Servants Agency.
Also arguing for the majority bloc is Cllr. H. Varney Sherman said that controller of House of Representatives only act upon instructions from his boss but he has nothing to with suspended lawmakers’ salaries.
Cllr. Sherman told justices of the High court that respondent Emmanuel Kpoi shouldn’t be part of the current petition because he received instructions from his boss as to who to pay or not.
The majority bloc lawyer prayed the court deny and dismiss the writ of Mandamus against the House of Representatives controller.