As Circuit Court Summons NEC And Speaker-Elect Koffa
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- After serving for six years as Representative of Grand Kru County and Deputy Speaker in the outgoing CDC government led by President George Weah, the incoming ruling Unity Party didn’t file a petition for Declaratory judgment and the big question is: why now?
The Sixth Judicial Civil Law Court Annex “A” at the Temple of Justice presided by its assigned Judge Golda Bonah Elliott has summoned the National Elections Commission and the Speaker elect for the 55th National Legislature Representative J. Fonati Koffa after narrowly winning the speaker election on Monday, Janauary 15, 2024.
Rep. Koffa had previously served as Deputy Speaker of Liberia’s House of Representatives.
The writ of summon issued on January 15th 2024 following a petition for Declaratory judgment was filed by the incoming ruling Unity Party by and thru its National Chairman Rev. J. Luther Tarpeh, National Secretary General Amos Tweh and all other officials of the Unity Party of the City of Monrovia.
The to the writ of Summon says, you hereby commanded to summon the Respondents in the above entitled cause of action to appear before the Civil Law Court for the Sixth Judicial Circuit, Montserrado County, Tempe of Justice building in its December term 2023 to answer petitioner’s petition in the above entitled cause of action and notify the respondents that upon the failure to appear judgment by default will be rendered against them.
You are hereby further commanded to notify the aforementioned respondents to file their formal appearance or returns to the petition in my office on or before the 25th day of January A.D. 2024.
The incoming ruling Unity Party petition for Declaratory judgment states, petitioner submits that it is a Political party that won the Presidential election and the incoming government with Legislative agenda to be pursued and that it’s National Executive Committee by a resolution has authorized the National Chairman and Secretary General to institute this legal and other legal recourse to nullify the Respondents (J. Fonati Koffa) election as representative of electoral District #2 of Grand Kru County.
Count two says that respondent in keeping with the constitution of Liberia, conducted the presidential and General Election as a result of which second respondent being duly elected was certificated by the first respondent.
As to count three further added that respondent is the elected and certificated representative of electoral District two of Grand Kru County.
Further to count four, the Chapter 43 of ILCL revised section 43.1 provides that Courts of Records within the respective jurisdictions shall have the power to declare rights, status and other legal relations whether or not further relief is or could be claimed and also section 43.2 of the Civil procedure law provides that any persons interested under a deed, will, written contact, or other written constituting a contract whose rights status or other legal relations affected by a statute, municipal ordinance, contract or franchise may have determined any question of construction or validity arising under the instrument, statute, contract or franchise and obtained a declaration of rights status or other legal relations.
In count five of petitioner’s petition, Article 4 Section 1 of the Act to Amend and or Nullify certain provisions of the Aliens and Nationality law relating to Citizenship and restoring the Citizenship rights lost as a consequence of provision provides that “A Liberian citizen who holds the citizenship of another country shall not be eligible for any elective public office while still a citizen of another country. Should such person desire to contest for elective public office, the person must renounce the citizenship of the other country at least one year prior to applying to the National Elections Commission to contest for an elective public office and such documentary evidence of such renunciation of citizenship of the other country shall filed with a Circuit court in Liberia and with the National Elections Commission at least one year before application to the National Elections commission to contest for the elective public office.
The petitioner also submits that second respondent (Rep. Koffa) herein is a citizen of the United States of America holding passport with number 489973788 issued on February 13,2012.
In six petition for declaratory judgment says and now comes petitioner and most respectively petition your Honor and this Honorable Court to declare that the second respondent in these proceedings is not qualified to occupy an elected position under our law and showeth the following to writ: