Takes The Executive And “Majority bloc” To Task
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- The leadership impasse continues at the House of Representatives in Liberia, with the embattled Speaker Cllr. Fonati Koffa filing a Bill of Information to the full bench of the Supreme Court against the Executive branch of government and the “majority bloc” that appear to be disrespecting the high court’s December 6, 2024 ruling.
Lawyers representing the embattled speaker of the 55th Legislature J. Fonati Kofa, Cllr. Arthur T. Johnson and Cllr. Justice Kabineh J’aneh have taken to task the Minister of Justice and Attorney General of Liberia, Cllr. N. Oswald Tweh for what is referred to as his illegal interpretation of the Supreme Court December 6,2024 ruling.
The Supreme Court of Liberia in its ruling said: “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. Hence, Members of the House of Representatives are to conduct themselves accordingly.” After Supreme Court Declared Speaker Koffa’s Removal “Unconstitutional”, What Will “Majority Bloc” Do Next? – News Public Trust
In the four-count bill of information filed to the Supreme Court, Cllr. Kofa asserted that the government’s Chief Legal Officer has contributed to the Respondents’ violation of the Court’s Ruling by publicly issuing a legal opinion on December 10, 2024 addressed to the Minister of State for Presidential Affairs in which the Minister of Justice falsely asserted that Your Honors’ Ruling and Final Judgment concluded that the sittings, actions and decisions of the Majority Bloc were lawful.
Since the ruling, with the approval of the presidency, several top officials from the Finance Ministry, the Liberia Revenue Authority (LRA) and other government entities have appeared before the “majority bloc” for the 2025 draft national budget hearing presided over by Montserrado County District #11 Representative, Richard Nagbe Koon who they recently announced as the new House Speaker. Also this week, Justice Minister Tweh released his opinion on the Supreme Court’s ruling advising the executive to recognize the “majority bloc” under the gavel of Koon, saying that the high court considers them legitimate to do business with.
But in his bill of information, embattled Speaker Koffa told the Supreme Court: “The action of the Minister of Justice has further exacerbated the situation.”
Cllr. Kofa submit that collectively the Respondents’ action undermines the authority of this Honorable Court, the framework of our constitutional system of government and the stability of the entire nation.
THE CONSTITUTIONAL ROLE OF THE MINISTER OF JUSTICE & ATTORNEY GENERAL
He added that the action of the Justice Minister by supporting the Majority Bloc’s actions, has emboldened unconstitutional behavior and deepened the legislative crisis. In the case: In Re C. Abayomi Cassell [1961] LRSC 22; 14 LLR 391 (1961) (19 May 1961), this Court of Liberia describes the proper constitutional role of the Minister of Justice and Attorney General:
“The Legislature is only primes inter pares with the other two branches of government; none is more important than the others; none can function without the others and still maintain the objectives of the Constitution; and none, in this sense, is either weaker or more potent than the others.
Kofa’s bill of information further stated that The judiciary is the anchor that holds stabilized government in balance; without it, vested interest might suffer, sacred rights might be violated, the constituted authority might be challenged, and in fine, administrative chaos could result.
Although the Constitution and the law do not require the Attorney General to give advice either to the President or to any head of a department without previous request, nevertheless, in the proper performance of his duties, he should advise on any matters which adversely affect public rights, whether asked to do so or not.
The bill of information indicated that The Attorney General must prepare opinions on all issues at the moment or that involve public interest. However, these opinions might not be weighted in judicial decisions; they guide the government inappropriate and lawful administration.
“Whenever the constitutionality of a statute is challenged,” the Supreme Court must test the statute as applied to a given case by the Constitution, and the Court’s decision on such an issue decides that issue for all time.
If such a decision against the statute, the law immediately loses its authority, usefulness, and validity and becomes a nullity. In such cases, there is no necessity for legislative repeal or removal from the statute books to affect the statute’s invalidity.
This function also applies to the Supreme Court’s interpretation of the actions of any of the two branches of the Government. Of the members of the President’s cabinet, the Attorney General is the only one who might professionally or technically disagree in opinion with the President on any issue and be within the proper, proprietary, and legal performance of his duty; every other cabinet member must agree with the policy of the administration or resign.
Any Attorney General who is either unable to or who fails to advise against any acts of government which, in his opinion, infringe the constitutional rights of the citizens is useless to the administration and…
The Informants J. Fonati Koffa, Speaker of the House of Representatives of the 55th Legislature and other Members of the House of Representatives, are submitting this Bill of Information bringing the following to Your Honors’ attention and praying Your Honors to take the appropriate corrective actions:
The Respondents’ deliberate violations of Your Honors’ December 6, 2026 Ruling and their refusal to obey same. 2. The wrongful interpretation of the Court’s Ruling by the Minister of Justice and Attorney General which contributed to the Respondents’ violation of the Court’s Ruling.
WHEREFORE, Informants respectfully request Your Honors as follows: 1. Declare the actions of purported Speaker Koon and Members of the Majority Bloc null and void ab initio and sessions, hearings, or decisions are in violation of the Court’s Ruling and Final Judgment, ultra vires and unconstitutional.
Further determine that actions of purported Speaker Koon and Deputy Speaker Thomas Fallah, and other Members of the Majority Bloc in defying the Court’s Ruling and Final Judgment are contemptuous.
Order the Minister of Justice and Attorney General, Counselor N. Oswald Tweh, to publicly recall his Opinion misinterpreting this Court’s Ruling. 4. Grant any further relief that Your Honors may deem proper to restore constitutional order and uphold the rule of law in Liberia.
1-FACTUAL BACKGROUND 1.1. On December 6, 2024, the Supreme Court decided the case: IN RE: THE CONSTITUTIONALITY OF CERTAIN ACTIONS TAKEN BY SOME MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE 55TH LEGISLATURE.
In the Ruling the Court held said that “…..unequivocally [that] whether a simple majority is sitting or a lower number, in both cases a presiding officer, defined in Article 49 of the Constitution is the Speaker, and in his/her absence the Deputy Speaker” must preside. And in the Final Judgment Your Honors 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.
Hence, Members of the House of Representatives are to conduct themselves accordingly. The Clerk of this Court is hereby ordered to inform the parties. AND IT IS HEREBY SO ORDERED.
In the Ruling, Your Honors held and determined that the sittings, decisions and actions that were previously taken by the self-styled Majority Bloc were ultra vires, i.e., unauthorized and therefore illegal.
This included the unconstitutional removal of Speaker Koffa as Speaker and the purported “election” of Representative Koon as Speaker. In the Court’s Final Judgment, Your Honors ordered the Members to conduct themselves in compliance with BOTH the quorum provisions of Article 33 as well as Article 49 which required the presence of the Speaker as the constitutional Presiding Officer.
In deliberate and intentional violations and direct contraventions of the Court’s Ruling and Final Judgment, Representatives Koon and Fallah and other Members of the self-styled Majority Bloc have continued to convene and hold unauthorized hearings, including budget hearings, all of which were declared ultra vires and invalided in Your Honors’ Ruling and Final Judgment.