Monrovia – Members of the House of Representatives, led by embattled Speaker Jonathan Fonati Koffa, have filed a petition challenging what they describe as unconstitutional actions by the majority bloc.
Their petition centers on allegations of unlawful legislative maneuvers, including the removal and election of leadership positions without adherence to constitutional and procedural mandates.
In their petition for declaratory judgment, the embattled Speaker and his co-petitioners, including Representatives Musa Hassan Bility and Yekeh Kolubah, are seeking the court’s intervention to reaffirm their constitutional rights as bona fide members of the House. They allege that the Majority Bloc, led by Representatives Richard Nagbe Koon, Samuel G. Kogar, and Foday Fahnbulleh, have acted outside the bounds of the law to disrupt legislative order and undermine the authority of the Speaker.
The petitioners argue that their rights, as enshrined in the Liberian Constitution and the House’s Standing Rules, have been flagrantly violated. “Petitioners submit they are bona fide members of the Honorable House of Representatives of the 55th Legislature of the Republic of Liberia, duly elected as in keeping with Article 30(a), and have duly taken the oath of office under Article 31 of the 1986 Constitution to serve the people of Liberia,” the petition reads.
Allegations of Unconstitutional Actions
According to them, the Majority Bloc convened unauthorized sessions, declared leadership vacancies, and conducted elections without proper legal and procedural authority. The petitioners maintain that these actions contravene Article 49 of the Constitution and Rule 9.1 of the House’s Standing Rules, which outline the procedures for electing and removing officers.
“Petitioners say Article 49 of the 1986 Constitution expressly states: ‘The House of Representatives shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House.’ The Speaker, the Deputy Speaker, and other officers so elected may be removed from office for cause by resolution of a two-thirds majority of the members of the House,” the petition highlights.
The petitioners contend that the Majority Bloc, lacking the requisite two-thirds majority, unlawfully removed Speaker Koffa and proceeded to elect Representative Richard Nagbe Koon as Speaker. “By this single act, respondents have denied petitioners…their constitutional rights to participate in, vote or canvass for any potential candidate,” the petition asserts.
Calls for Judicial Intervention
The petitioners are urging the court to declare the actions of the Majority Bloc null and void. They seek a judgment to invalidate the purported election of Representative Koon as Speaker and to reaffirm the authority of Speaker Koffa and his administration. “Petitioners pray the Honorable Court to declare ultra vires any vacancy declared, any illegal election conducted, any committee constituted, and any legislative business transacted by absentee members calling themselves ‘Majority Bloc,’” the petition demands.
The petition further emphasized the need for adherence to constitutional provisions and due process, citing established legal precedents. “The power granted to the court under this section is discretionary,” the petitioners argue, referencing the Civil Procedure Law. They also invoke Article 20(a) of the Constitution, which guarantees due process rights, asserting that the actions of the Majority Bloc amount to a “rape and abuse” of constitutional principles.
Implications for Legislative Governance
According Koffa and his co- petitioners, the Majority Bloc has created a parallel legislative structure, plunging the House into chaos, and undermining the rule of law. “Petitioners say given the manner and form in which the absentee members have conducted themselves by wreaking havoc on the law…this court will not be in error to declare null and void all actions and activities of the absentee members,” the petition states.
The respondents, led by Representative Koon, are yet to file their official response to the petition. However, the case is expected to set a critical precedent for resolving disputes within the legislature and upholding the rule of law.
However, the court has cited both parties and their counsels to appear on Friday, January 17, 2025 at 8:00 A.M. for the hearing of the Bill of Information/Petition for Declaratory Judgement.
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