By Precious D. Freeman
A major political and constitutional standoff is brewing between the Liberian Supreme Court and the Legislature, as a group of lawmakers led by Richard Koon have filed a petition demanding a re-argument and re-docketing of the controversial Bill of Information proceeding.
The lawmakers are accusing the court of making “palpable substantial mistakes” and warn of dire consequences if the ruling is not reconsidered.
In their strongly worded petition, the lawmakers claim that the court overlooked critical facts and misapplied the law in its April 23, 2025, decision to recognize Fonati Koffa as the legitimate Speaker of the 55th Legislature.
Citing Rule IX, Part 1 of the Supreme Court’s rules, they argued that significant factual and legal errors warrant a new hearing.
Cardinal to the lawmakers’ argument is the assertion that the court ignored established precedents, particularly in the cases of Harris et al. v. Layweah et al. and Cavalla Rubber Corporation v. LTD Bank.
They stressed that a Bill of Information cannot be used to alter or reinterpret a prior Supreme Court decision, and that their current petition for re-argument is the proper legal remedy.
The lawmakers further alleged that respondents in the original case deliberately spread misinformation, causing widespread public confusion about the scope and meaning of the court’s December 6, 2024, ruling.
They contended that the court only assumed limited jurisdiction and did not specifically rule on the legality of Koffa’s removal as Speaker.
According to the petition, Koffa was lawfully removed for cause following due process and a resolution endorsed by 50 members of the House of Representatives thus surpassing the constitutional two-thirds majority required for such an action.
Therefore, the court’s suggestion that Koffa remains Speaker constitutes what the petitioners described as a “grave and damaging legal error.”
In a bold escalation, the lawmakers accused the court of benefiting from an allegedly “illegal” national budget passed by the Koon-led House; the same leadership the court now questions.
They argued that if their assembly was indeed unconstitutional, then all salaries and benefits accepted by the Judiciary should similarly be considered invalid and forfeited.
Moreover, the petitioners cautioned that fundamental legal principles dictate that the courts should only issue enforceable judgments.
They argued that since the Supreme Court concedes, it cannot compel lawmakers to recognize Koffa as Speaker; the judgment is void and unenforceable, thus requiring immediate re-argument to avoid institutional crisis.
Highlighting their procedural legitimacy, the lawmakers insist that Koon was duly elected Speaker under the House’s Standing Rules and the Liberian Constitution.
They maintained that the court’s April 23, 2025 decision lacks legal and factual grounding and only serves to create unnecessary political instability.
The petitioners warned that if the Supreme Court fails to correct its alleged errors, it could fatally damage public trust in the Judiciary, disrupt effective governance, and jeopardize the full faith and credit of Liberia.
They emphasized that such destabilization risks extending beyond political circles into broader national insecurity.
In their prayer to the court, Koon and his colleagues request that the April 23 Opinion be quashed, the amended Bill of Information proceedings be reheard, and that costs of the litigation be assessed against the Respondents — those they claim misled the court.
Legal experts suggest that the court’s decision could have profound consequences not only for the Legislature but for the future role of the Judiciary in political affairs.
Observers warned that the controversy risks plunging the country into a constitutional crisis, as a precedent of judicial intervention in legislative leadership could fundamentally upset Liberia’s delicate balance of powers.
As the political and legal drama intensifies, many Liberians await the Supreme Court’s next move — a decision that could define the contours of democracy and governance in Liberia for years to come.
