Published: December 6, 2024
MONROVIA – The Supreme Court of Liberia has ruled that the election of Representative Richard Koon as Speaker, along with other actions by certain members of the House of Representatives, is unconstitutional. The decision, handed down by the full Bench led by Chief Justice Sie-A-Nyene G. Yuoh, reaffirms the constitutional limits on legislative proceedings and the authority of the court to resolve such disputes.
The Court’s ruling addressed a petition filed by Speaker Jonathan Fonati Koffa and the minority bloc of the House, who argued that the majority bloc, led by Deputy Speaker Thomas Fallah, violated the Constitution by convening a separate session to elect Koon as Speaker. The minority bloc alleged that the actions of the majority bloc were a deliberate attempt to bypass constitutional processes and create a parallel leadership in the Legislature.
In its judgment, the Court declared that any legislative action not in conformity with Articles 33 and 49 of the Constitution is “ultra vires” and void. The Court emphasized that Article 33 requires a quorum of a simple majority for legislative sessions and that the Speaker must preside over all sessions, as stipulated in Article 49. They added that the Deputy Speaker presides when the Speaker is unavailable. Without a mechanism to compel absentee lawmakers to attend, the Court ruled that it cannot intervene in legislative matters beyond its constitutional mandate.
The judgment follows intense legal arguments presented on November 27, during which the majority bloc’s legal team, led by Counselor H. Varney Sherman, defended the legality of Koon’s election. However, the justices repeatedly questioned the procedural and constitutional basis for the majority bloc’s actions. Justice Yussif D. Kaba asked whether it was lawful for the majority to convene their own session while Speaker Koffa was still in office, and Chief Justice Yuoh pressed Sherman on the constitutionality of the Speaker’s removal process.
The minority bloc’s legal team, represented by Counselor Arthur T. Johnson, argued that the majority bloc’s actions violated Articles 33, 49, and 20(a) of the Constitution and called on the Court to declare the election unconstitutional. Johnson highlighted the absence of due process in the purported removal of Speaker Koffa, emphasizing that no formal hearing was held, no evidence was presented, and no opportunity was provided for the Speaker to defend himself.
The Supreme Court sided with the minority bloc, ruling that the Constitution must be strictly adhered to and that the actions of the majority bloc undermined the rule of law. The Court warned that legislative disagreements must be resolved within the bounds of the Constitution and that it would not encroach on the separation of powers by creating rules to address procedural gaps within the Legislature.
The Ministry of Justice, represented by Solicitor General Augustine Fayiah, maintained a neutral stance throughout the proceedings, emphasizing that the matter was internal to the Legislature and did not warrant executive interference.
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