Full Bench Orders Justice Min. And “Majority Bloc” To Appear Before Supreme Court In Koffa’s Removal Case, As Publishers Association Sides With The High Court
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- From what transpired at the House of Representatives last week with the “majority bloc’ announcing the removal of House Speaker Cllr. Fonati Koffa of the main opposition CDC party, replacing him with Montserrado County District #1 Representative, Richarch Nagbe Koon from the ruling Unity Party, there supposed to be a new Speaker, but the full bench of the Supreme Court is to examine the constitutionality of the move.
Presided over by the Deputy House Speaker, Rep. Thomas Fallah, the “majority bloc” who were said to have got 50 of the 73 members behind them voted on white ballot to elect Koon as Speaker in the absence of Koffa who was at the Capitol Building, a move the embattled Speaker immediately challenged and filed a petition before the full bench of the Supreme Court, calling the whole episode as “illegal and unconstitutional”.
One of his backing s Article 49 of Liberia’s 1986 constitution.
“The House of Representative shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The speaker, the Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House,” says Article 49
That petition triggered a statement from the Full Bench of the Supreme of Court of Liberia over the weekend (on November 22,2024), who issued an order on the Minister of Justice and Attorney General Oswald Tweh and anti-Kofa bloc lawmakers to appear before them on Tuesday November 26,2024 @9am in the constitutionality of certain actions taken by some lawmakers of the House of Representatives.
The document reads, you are here commanded to notify the Minister of Justice and Attorney General of the Republic of Liberia to appear and file returns on the side of the law before the full Bench of the Supreme Coirt Court of the Republic of Liberia, Temple of Justice on Tuesday, November 26,2024, as to whether or not, the petitioner petition should be granted.
It further says that, you will also notify the reference members of the House of Representatives to also file their returns.
“You are further commanded to instruct the Minister of Justice and the reference members of the House of Representatives to file their official returns to this writ” in the office of the clerk of this Honorable Court on or before the said 26th day of November A.D. 2024, have the House of Representatives to return to status quo ante and stay all proceedings or actions pending the determination of this matter and to read to them the original and to leave a copy of the writ with them.
It also instructed that the manner in which the writ was served and make known by filing your official returns hereto on the back of the original copy in office of the clerk of this Honorable Court on or before the said 26th day of November A.D. 2024.
It can be recalled Supreme Court Chamber Justice Yamie Quiqui Gbeisay on Wednesday November 6,2024, rejected to issues the Alternative Writ prayed by Speaker Fonati Kofa legal team.
It reads, by directive of his Honor Yamie Quiqui Gbeisay, Associate Justice presiding in Chambers, you are hereby informed that the Justice has declined to issue the writ prayed for.
Meanwhile, stay order of October 24,2024, is hereby lifted.
On Monday November 4,2024, Justice Yamie Quiqui Gbeisay heard arguments between the minority and majority blocs of embattled Speaker Fonati Kofa in order to make an informed decision.
During the arguments, Justice Gbeisay questioned Cllr. Varney Sherman who was representing the majority bloc of Speaker Kofa why not his clients return to the main chambers of the House of Representatives and deliver their complaints and the person they having issue step aside and his deputy presided rather than staying away?
He clarified that his stay order issued didn’t prevent lawmakers from assembling from performing their functions but rather its their illegal actions toward the removal process.
Arguing for the majority bloc against Speaker Kofa, Cllr. H. Varney Sherman denied that nothing has been done to remove the speaker because he’s still enjoying his speakership under the law of the Republic of Liberia.
Cllr. Sherman said, the petition filed by speaker Kofa was pre-matured and as far as he’s concerned, nothing is happening at the House of Representatives.
While Cllr. Syrenius Cephas former Associate Justice Kabineh J’aneh said, the lawmakers should give their client due process. Since Article 49 gives them the right to elect n remove speaker.
Article 49
The House of Representative shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The speaker, the Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House.
Speaker with Judicial reporters, some lawmakers from the majority bloc agreed to have session in the main chambers of the House of Representatives this Tuesday November 5,2024 to initiate the due process highlighted by Cllr. Kofa lawyers.
On October 25,2024, the Chambers Justice issued a stay order on every proceedings of the anti Kofa bloc pending the outcome of today’s conference.
Publishers Association Sides With The High Court
The Publishers Association of Liberia (PAL) agrees with the Supreme Court of Liberia in calling for the return to status quo ante in the matter involving members of the house of representatives (Majority and Minority blocs).
PAL in a press release over the weekend said it is concerned about the unfolding events at the National Legislature which is the first Branch of Government, the prolong standoff between the majority and minority bloc; a crisis which has affected legislative functions and the governance of the state.
PAL, which is headed by Othello Garblah, Managing Editor of the New Dawn newspaper, acknowledges the supreme court as the final arbiter of justice in the land and at such, calls on all parties to respect the decision of the supreme court and the rule of law.
PAL at the same time calls on its members and all media institutions to avoid inflaming the already fragile situation, as doing so has the propensity to undermine the security of the state and our fragile democracy.