MONROVIA – The Supreme Court of Liberia has scheduled April 23 to rule on a Bill of Information filed by embattled House Speaker J. Fonati Koffa, who represents a minority bloc, in a case that could determine who holds legitimate claim to the Speaker’s gavel.
The ruling, set for 11 a.m., comes amid a bitter standoff between the Koffa-led bloc and a rival majority faction that elected Rep. Richard Nagbe Koon as Speaker in what Koffa’s legal team calls a parallel and unconstitutional process.
The Court’s much-anticipated decision is expected to resolve months of legislative confusion and determine whether Koffa remains the legitimate Speaker or whether his replacement was constitutionally valid. Both parties and their legal representatives have been formally notified of the hearing date.
During oral arguments on March 26, Chief Justice Sie-A-Nyene G. Yuoh delivered strong criticism of the self-proclaimed majority bloc in the House, questioning their legal authority to declare new leadership without due process.
“Even if your clients are 100 in number, they don’t have the right to impose themselves as the majority bloc,” Justice Yuoh said pointedly to Cllr. H. Varney Sherman, legal counsel for the Koon-led bloc.
Justice Yuoh questioned the legality of the group’s decision to elect a new Speaker while Koffa remained in office and no official vote had been taken to unseat him.
“If the Speaker is still in office and has not been lawfully removed, how can another Speaker be declared?” Yuoh asked. “Why did you go and designate another Speaker when the elected Speaker is still serving?”
Sherman argued that while Speaker Koffa remained in his official office, his group’s decisions were taken in conjunction with the Deputy Speaker. That explanation, however, sparked further scrutiny from the bench.
“Does the law say a group of lawmakers can hold a session elsewhere while the Speaker summons them to plenary?” Yuoh asked, signaling doubts about the legitimacy of offsite legislative sessions.
The Court also examined whether any Supreme Court ruling had been violated. Cllr. Arthur T. Johnson, representing the Koffa faction, insisted that the rival lawmakers’ actions violated the Court’s Dec. 6, 2024, opinion, which affirmed Koffa’s leadership. Johnson argued that convening separate legislative sessions was tantamount to defying the Court’s authority.
Chief Justice Yuoh, however, emphasized that it is the Attorney General — who doubles as Liberia’s Minister of Justice — who is legally authorized to interpret the Court’s rulings for the Executive Branch.
“Where is the legal authority to stop the majority from doing what they’re doing?” Justice Yuoh asked rhetorically?
The proceedings also sparked renewed debate over the purpose of a Bill of Information. Under the Supreme Court’s Revised Rules, the bill is a tool used to prevent interference with or misapplication of the Court’s rulings.
Associate Justice Jamesetta Howard Wolokolie reminded both sides that the Speaker has not been legally removed and urged respect for constitutional order.
“Our rules are important to avoid chaos,” she said. “The Constitution gives lawmakers authority to elect and remove a Speaker — but only through due process.”
Justice Yusuf Kaba also stressed that any removal of a sitting Speaker must adhere to the Constitution, which requires a two-thirds majority for such action — not just a vote by a simple majority, as seen in some parliamentary systems.
“The Speaker must be accorded due process,” Kaba said. “We understand that a majority elected another Speaker, but the law provides a procedure. Follow it.”
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