PHOTO: Rep. Yekeh Kolubah
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The row over the suspension of controversial Montserrado County District #10 Representative Yekeh Y. Kolubah has not faded away.
He says his suspension is over but the leadership wants to arbitrarily extend it.
In April, the House of Representatives nailed one of their members with thirty (30) working days suspension without pay and benefits on Tuesday, opposition Lawmaker Yekeh Kolubah has rejected the move and threaten to file a law suit at the Supreme Court to overturn this decision..
The Montserrado County District #10 Representative has told the media in Monrovia that plenary failed to accord him the due process of law.
The decision was reached Tuesday, April 13, 2021 during that body’s regular sitting when Representative Acarous Moses Gray failed to file in his motion for reconsideration.
After serving a period of suspension, the opposition Lawmaker has now filed a request for a Writ of Prohibition before the Justice in Chambers, Joseph N. Nagbe against the House of Representatives by and thru its Speaker Bhofal Chambers for extending his suspension time, contrary to the time he was suspended for.
And Rep. Kolubah was on Monday, July 12, 2021 able to get a stay order on further proceedings against him from the Justice in Chambers.
A three-count writ of petition filed by the Petitioner quotes Article 20(a) of the Liberian constitution as saying, “no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law. Justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts martial and upon impeachment, the parties shall have the right to trial by jury.”
Justice in Chambers Nagbe has cited to the two parties to a conference on Wednesday July 14, 2021, at 2pm in connection with the petition.
The stay order says the House of Representatives shall therefore stay all further proceedings and/or actions in the matter, pending outcome of this week’s conference.
Petitioner says that the Rules and Procedures of the House of Representatives provides in Rule 2.1 that “daily sessions of the House of Representatives shall be held on Tuesday and Thursday of each week from the hours of 10:00am to 12:00pm and from 2:00pm to 4:00pm, at which time roll call and votes are taken, while Mondays and Wednesdays are set aside for Committees meetings and Fridays to be observed for constituency business.”
Petitioner says that he was served a communication dated May 18, 2021 by the Respondent. In the mentioned dated communication, the Petitioner was suspended by Respondent from Plenary Sessions and other legislative functions for a period of 16 meeting days. The communication further says that the suspension takes effect as of May 18, 2021. This is to say, the suspension runs from May 18, 2021 to June 8, 2021.
However, since the expiration of the suspension, the Respondent has failed, refused and neglected to lift up the suspension in keeping with the letter and rules that governs the National Legislature. Petitioner further says that he made attempts to attend session since the suspension days has elapsed, but were approached by the Sergeant-at-Arm who informed Petitioner that by order of the Speaker, the Sergeant-at-arm should ensure that the Petitioner be put out of Plenary Session. Petitioner says as a law-abiding citizen, he has petitioned this forum, the Honorable Supreme Court of Liberia to prohibit the action of the Respondent which is contrary to law and cause the Petitioner to attend sessions and other legislative function to perform Petitioner Constitutional and statutory functions. Petitioner also says that Petitioner salaries and other emoluments being denied Petitioner from the illegal act of the Respondent by given to Petitioner as his just and legal entitlement.
WHEREFORE AND VIEW OF THE FOREGOING facts and circumstances, Petitioner most respectfully prays Your Honor and this Honorable Court to prohibit Respondent for extending the suspension time contrary to the Rules governing the House and the letter served on the Defendant. Further, Petitioner says that Your Honor grant all that seem legal, just and equitable. Respectfully submitted.