By Precious D. Freeman
The Supreme Court of Liberia has reserved its ruling in the case brought by embattled Speaker Fonati Koffa, who is seeking a writ of mandamus against the majority bloc of the House of Representatives.
Speaker Koffa is challenging his removal from office and the bloc’s handling of the 2025 national budget, arguing that their actions are unconstitutional.
The hearing, held on Wednesday, November 27, 2024, featured sharp arguments from both sides, with constitutional interpretations and legislative procedures at the center of the dispute.
Representing the ‘so-called’majority, Cllr. Varney Sherman urged the Supreme Court to avoid involvement in what he described as an inherently political matter.
He contended that the Speaker’s removal was conducted in accordance with legislative rules and did not violate any constitutional provisions.
“The House of Representatives has the power to remove the Speaker, and they have done that. Leave it,” Sherman argued.
He maintained that due process was followed, citing an October 21 letter inviting Speaker Koffa to a session where the matter would be addressed. Despite acknowledging the letter, Koffa did not attend the session.
Sherman emphasized that a complaint was filed, a committee was formed, and proceedings were conducted in Koffa’s absence due to his noncompliance.
He asserted that the court should not interfere with these actions, as they are consistent with legislative authority.
On behalf of Speaker Koffa, Cllr. Author Johnson argued that the majority bloc’s actions were unconstitutional and violated the standing rules of the House.
Cllr. Johnson cited Article 33 of the 1986 Constitution, which outlines quorum requirements and the presiding officer’s role in legislative sessions.
“We ask the Supreme Court to declare the actions of the majority bloc unconstitutional as they set a dangerous precedent. If you do not, any majority can act arbitrarily, whether right or wrong, because of their numerical strength,” Johnson stated.
He further argued that the majority bloc’s refusal to recognize the Speaker undermines the legitimacy of their actions, rendering decisions taken in such session as illegal.
The Ministry of Justice, invited as an advisor rather than a party to the case, presented its position to the court.
It concluded that the dispute does not involve a violation of constitutional statutes and recommended that the matter be dismissed.
“The Ministry of Justice prays this court to drop the case as it finds no evidence of constitutional violations. The question here is whether or not the constitutional statute was violated, and the Ministry submits that it was not,” the Ministry stated.
The Supreme Court now faces the critical task of determining whether the removal of Speaker Koffa and the subsequent actions by the majority bloc adhered to constitutional standards.
The ruling will not only decide Koffa’s fate but also set a precedent for how such disputes are handled in the future.
Observers note that the case highlights the tension between legislative autonomy and judicial oversight, raising questions about the balance of power in Liberia’s democratic framework.
