Monrovia, Liberia – The Supreme Court of Liberia has ordered the majority bloc of the House of Representatives to return to the status quo ante and suspend all further proceedings or actions pending the outcome of a conference slated for Tuesday, November 26, 2024.
“YOU ARE FURTHER COMMANDED to instruct the Minister of Justice and the referenced Members of the House of Representatives to file their OFFICIAL RETURNS to this Writ in the Office of the Clerk of this Honorable Court on or before the said 26* day of November A. D. 2024; and have the Members of the House of Representatives TO RETURN TO STATUS QUO ANTE and STAY ALL FURTHER PROCEEDINGS OR ACTIONS PENDING THE DETERMINATION OF THE MATTER”
The Directive was issued on November 22, 2024, by the Supreme Court full bench.
The Directive stems from a petition filed by 27 Representatives including House Speaker Fonati Koffa challenging the constitutionality of certain actions taken by members of the majority bloc.
The Full bench cites the Justice Minister to appear and file returns on the side of the law.
“YOU ARE HEREBY COMMANDED to notify The Minister of Justice/Attorney General, to appear and file returns on the side of the law before the FULL BENCH of the Honorable Supreme Court of the Republic of Liberia, Temple of Justice, on Tuesday, November 26, 2024, at the hour of 9:00 a.m., as to whether or not the Petitioners’ Petition should be granted.” The writ is quoted!
It can be recalled that House Speaker Cllr. J. Fonati Koffa, alongside 27 other lawmakers, has petitioned the Supreme Court of Liberia, seeking a declaration on the constitutionality of actions allegedly taken by the “Majority bloc” of the House of Representatives.
The petitioners are accusing the Bloc of what they describe as a “usurpation of authority” and “unconstitutional actions” by Deputy Speaker Thomas Fallah and other representatives.
The petition, filed on November 21, 2024, accuses the respondents of convening an unauthorized plenary session without Speaker Koffa, suspending three lawmakers without due process, restructuring statutory committees, and seizing the 2025 Draft National Budget.
According to the petitioners, these actions violate Articles 20 and 49 of the Liberian Constitution and several standing rules of the House of Representatives.
Key Allegations in the Petition
Illegal Plenary Session: The petitioners argue that the respondents convened and presided over an unsanctioned plenary session, sidelining Speaker Koffa, who is constitutionally mandated to preside over all House sessions.
Suspension of Lawmakers:
They mentioned that Representatives Edward Flomo, Abu Kamara, and Marvin Cole were reportedly suspended during the unauthorized plenary session. The petitioners claim this action lacked the requisite due process, as outlined in Article 20 of the Constitution and Rule 48 of the House Standing Rules.
Restructuring of Committees:
The petition accuses the respondents of unlawfully reconstituting statutory committees, an act the petitioners say requires a two-thirds vote of the House and cannot be undertaken unilaterally.
Seizure of the National Budget:
The petition highlights the respondents’ alleged seizure of the 2025 Draft National Budget, which was addressed to Speaker Koffa by President Joseph Boakai. The petitioners assert that this act violates established procedures and undermines the authority of the Speaker.
Legal Basis for the Petition
The petitioners rely on Article 66 of the Liberian Constitution, which grants the Supreme Court the authority to resolve constitutional disputes.
They argue that the respondents’ actions undermine the Speaker’s constitutional authority and the integrity of legislative proceedings.
“The Speaker is vested with the sole authority to call, convene, and preside over legislative sessions,” the petition states, adding that any deviation from this mandate is “null and void ab initio.”
Based on the above accounts the petitioners have requested the Supreme Court to:
Declare all actions taken during the unauthorized plenary session unconstitutional, Reinstate the suspended lawmakers, Void the reconstitution of statutory committees, and Return the 2025 Draft National Budget to the Speaker for proper handling.
The Speaker’s decision to run to the Supreme Court was triggered by a resolution of 50 Lawmakers removing him from his position and subsequently Electing Richard Nagba Koon, Montserrado County District 11 Representative as House Speaker.
This is Koffa third time running to the Court after failing two attempts to Stop and comple his colleagues through two petitions — a writ of Mandamus and a writ of Prohibation.
