With Embattled Speaker Koffa Seeking Redress From Civil Law Court
PHOTO: Head of the Rule of Law Caucus, Nimba County Rep. Musa Hassan Bility
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia –Things seem not to be fine with Cllr. Jonathan Fonati Kofa at the Supreme Court where he filed a bill of information after the Supreme Court ruling in the unconstitutionality of the actions of certain lawmakers on December 6,2024.
After running at the Supreme Court with a bill of information which is yet to be heard, The Sixth Judicial Civil Law Court annex A on January 14,2025, issued a writ of summon on the House of Representatives majority bloc over alleged rights violations.
The writ of summon came as the result following a petition for declaratory filed by the “minority bloc” or Rule of Law Caucus that backs Cllr. Jonathan Fonati Kofa and headed by Nimba County District #7 Representative Musa Bility. The “Majority bloc” had since gone ahead and elected Montserrado County Rep. Richard Nagbe Koon as Speaker amidst the unsettled legal dispute over the speakership at the lower House.
This has put a cloud of doubt on how things will play out on Monday, January 20, 2025 during the expected joint session of the Legislature that suppose to convening the holding of President Joseph Boakai’s State of the Nation Address in which one Speaker of the House of Representative presides.
The writ of summon reads, you are hereby commanded to summon the above entitled cause of action appear the December term A.D 2024 same being the 16, January A.D 2025 at hour of 10am.
You are further ordered to summon the defendants/ respondents to file his/her/their answers/ returns to the plaintiffs/petitioners complainant petition on or before the 24 day of January A.D 2025. Failure to do so, default by judgement will be rendered against him/her/them.
Meanwhile, you will return the original writ of summon to my office on or before 24 January 2025 with the official returns endorsed on the back of the original as to the manner of its service.
Petition reads:
Now come the petitioners in the above entitled cause of action and most respectfully pray your Honor and this Honorable court to declare the petitioner rights as duly elected, certified and recognized members of the Honorable House of Representatives as enshrined, preserved and protected under the Constitution and laws of the land and the standing rules of the Honorable House of Representatives.
To exercise the right to participate in the election of officers of the Honorable House as prescribed under the House standing rules.
To participate as members of the Honorable House of Representatives in voting to elect officers of the House of Representatives including for speaker and Deputy Speaker and any vacancy occasioned by removal of the speaker or deputy speaker or committee members.
The right to stand as candidates for all elective positions of the Honorable House of Representatives
The right to participate as candidates to contest for any and all offices duly declared vacant as in keeping with the Standing rules of the House of Representatives
Declare null and void any and all separate sessions held any vacancy and announced under such condition, all decisions taken under state of affairs by house members designating themselves as majority bloc of the House of Representatives for the following legal and factual reasons to writ:
In a 21 counts petition filed by Cllr. Jonathan Fonati Kofa states that, Petitioners submit that they are bano fide members of the House of Representatives of the 55th Legislature of the Republic of Liberia duly elected as in keeping with Article 30(a), have duly taken the oath of office under Article 31 of the 1986 Constitution to serve the people of Liberia and participate in all decisions that affect the day to day activities of the Honorable House of Representatives including but not limited for the voting speaker or deputy speaker heading committees as in keeping with the standing rules of the House of Representatives. Your Honor is most respectfully requested to take judicial notice of the constitution cites herein.
Petitioners submit and say, at the inception of the 55th Legislature, every member of the House of Representatives duly elected id required under Chapter V, Article 31 of the Liberian Constitution 1986 as amended directed each member of the House of legislature before taking his seat, and entering upon duties of office, shall take and subscribe to a solemn oath or affirmation before the presiding officer of the House to which such person was elected and in the presence of other members of that house to uphold and defend the Constitution and laws of the Republic of Liberia and to discharge faithfully the duties of such office.
Each of the herein petitioners having duly elected and taken the oath as dictated by the Liberian Constitution, automatically qualified each of the petitioners to participate in any or decision, canvass for or against or contest or vote or against any elective positions of the Honorable House of Representatives including speaker or deputy speaker, the exercise of this right is constitutionally sacrosanct at all times whenever there exist a vacancy particularly for the post of speaker consistent with Article 49 of the 1986 Constitution as amended.
And because petitioners as members of the Honorable House of Representatives,submit and say, it’s the law in this jurisdiction hoary with age states that court of records within their respective jurisdictions shall powe to declare rights, statues and others legal relations whether or further relief is or could be claimed. No action or proceeding shall be open objection on grounds that a declaratory judgment is prayed for.
Wherefore and in view of the foregoing, petitioner prayed court to declare the holding of parallel/ rival sessions by the same members of the House of Representatives calling themselves as majority bloc as illegal.
Declare the election as speaker of representative Richard Nagbe Koon null and avoid, void of any legislative legitimacy and indeed ultra vires and inconsistent with rule 7&8 of the House standing rules and Article 33&49 of the Liberian Constitution.
That your Honor will further declare Article 49 of the 1986 Constitution and rule 9.1 of the House standing rule as the only biding authorities governing the removal of petitioner consistent with due process and will order Representative Richard Nagbe Soon to refrain from the use or exercise of, the amenities and prerequisites of the office of the speaker including but not limited to the use of siren, speaker license plate and police escort under the pretext of being elected speaker of the House of Representatives.
Your will issue a stay order or any provisional relief/ order where applicable, upholding the right petitioners to participate in any and all sessions, discussions and elections to preside over committees.
That your Honor will issue a mandate instructing the respondents from refraining and conducting secret sessions in contravention of the House standing rules.