By Precious D. Freeman
A group of lawmakers from the House of Representatives has formally petitioned the Supreme Court of Liberia, seeking a writ of mandamus to compel a majority of their colleagues to attend legislative sessions.
The lawmakers, led by Speaker Fonati Koffa, assert that the absence of the majority members is a constitutional violation, obstructing the legislative process and creating a governance impasse.
The petition, filed by over 30 members of the 55th Legislature, highlights the deliberate absence of 43 representatives, including Deputy Speaker Thomas Fallah, from plenary sessions.
Others include Representatives Thomas Fallah, Deputy Speaker of the House of Representatives, Sekou Karneh, Michael Thomas, Prince Toles, Richard Koon, Isaac Bannie, Alfred Flomo, Samson Weah, P. Mike Jerry, Austin Taylor, Mohammed Dosil, Prince Koniah, Kames Kolleh, Robert Flomo Womba, Foday Fahnbulleh, Julie Wiah, Momo Siafa Kpoto, Gizzie Kollince, Augustine Chiewolo, Samuel Brown, Nyan Flomo, Nehker Gaye, Ernest Mansseh, Samuel Kogar, Dorwohn Gleekia, Saye Mainah, Marie Johnson, Obediah Varney, Sam Jallah, Ivar Jones, Emmanuel Yarr, Clarence Gahr, Alex Grant, Steve Tequah, Nathaniel Bahway, Alex Poure, Isaac Choloplay, Johnson Williams, Mustapha Waritay, Anthony Williams, and Mannah Bishop, by and thru Honorable Samuel G. Kogar, Chairman of the Majority Members of the House of Representatives of the 55th Legislature.
According to the petitioners, this absence has rendered the ‘House’ unable to meet the quorum required under Article 33 of the Liberian Constitution, which mandates a majority presence for the transaction of legislative business.
The petitioners allege that the respondents’ refusal to attend sessions has severely impacted legislative functions, particularly the passage of critical laws, including the national budget for the 2025 fiscal year.
They argue that the absence violates constitutional provisions, statutory laws, and the House’s Standing Rules, which require lawmakers to participate in sessions as part of their duties to represent constituents.
“The refusal to attend duly convened sessions undermines the democratic principles enshrined in our Constitution and disrupts the legislative process,” the petition reads.
A notarized affidavit from the Sergeant-at-Arms of the House was submitted as evidence of the respondents’ noncompliance.
The petitioners invoke Article 33 of the Liberian Constitution, which specifies that a simple majority constitutes a quorum.
They further cite Chapter 2, Section 2.2 of the New Judiciary Law, which grants the Supreme Court authority to issue remedial and extraordinary writs.
According to the lawmakers, mandamus is the appropriate legal remedy to enforce compliance with constitutional and statutory obligations.
Article 66 of the 1986 Liberian Constitution states that: “The Supreme Court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact….”
Chapter 2, Section 2.2 of the New Judiciary Law states: “The Supreme Court of Liberia shall have jurisdiction on applications for remedial and extraordinary writs, including refusals to issue such writs, and shall be the Court of final resort in all such”
“The respondents’ actions or inactions are a direct breach of their duties as representatives of the people,” said one of the petitioners’ legal counsel. “This court intervention is necessary to resolve the constitutional crisis.”
The petition underscores that the absence of the respondents has paralyzed the legislative body, delaying essential governance functions, including budget enactment and oversight responsibilities.
The lawmakers argue that this impasse poses significant risks to the country’s governance and stability.
The petitioners have requested the Supreme Court to: Issue an alternative writ of mandamus compelling the respondents to attend plenary sessions, Declare the respondents’ actions unconstitutional and in violation of statutory laws and Standing Rules and Ensure full compliance with Article 33 of the Constitution.
The Supreme Court is expected to deliberate on the petition and determine whether the case should proceed before the full bench.
Legal experts note the importance of this ruling, as it could clarify the responsibilities and limits of legislative conduct under the Constitution.
As the nation awaits the court’s decision, Liberians are calling for a resolution to ensure the government can fulfill its obligations without further disruption.
