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Liberia: House Speaker Koffa Challenges Alleged Unconstitutional Leadership Shakeup in Court

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Monrovia – Embattled Speaker Jonathan Fonati Koffa and his allies in the House of Representatives have filed a legal petition seeking to overturn what they describe as unconstitutional actions by the Majority Bloc within the legislature.

The petition, submitted by Speaker Koffa along with Representatives Musa Hassan Bility and Yekeh Kolubah, accuses the Majority Bloc of engaging in unlawful legislative maneuvers, including the unauthorized removal of leadership and the election of new officers, in violation of constitutional and procedural mandates.

Legal Foundation of the Petition

The petitioners are requesting the court’s intervention to reaffirm their constitutional rights and nullify the actions taken by the Majority Bloc, led by Representatives Richard Nagbe Koon, Samuel G. Kogar, and Foday Fahnbulleh.

“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 states.

The embattled Speaker and his co-petitioners contend that the actions of the Majority Bloc violate Article 49 of the Constitution and Rule 9.1 of the House’s Standing Rules, which outline the procedures for electing and removing officers.

Allegations of Procedural and Constitutional Violations

The petitioners allege that the Majority Bloc convened unauthorized sessions, declared leadership positions vacant, and conducted elections without the requisite two-thirds majority needed for such decisions. They claim that Speaker Koffa was unlawfully removed and replaced by Representative Richard Nagbe Koon.

“By this single act, respondents have denied petitioners…their constitutional rights to participate in, vote or canvass for any potential candidate,” the petition asserts.

Article 49 of the 1986 Constitution 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 petitioners maintain that the Majority Bloc’s failure to meet this threshold renders their actions null and void.

Judicial Intervention Sought

Speaker Koffa and his co-petitioners are asking the court to invalidate the election of Representative Koon as Speaker, annul all decisions made by the Majority Bloc, and restore the leadership structure under Koffa.

“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.

Citing Article 20(a) of the Constitution, which guarantees due process rights, the petitioners argue that the actions of the Majority Bloc constitute a “rape and abuse” of constitutional principles.

Implications for Legislative Governance

The petitioners assert that the Majority Bloc’s actions have created a parallel legislative structure, resulting in chaos and undermining the rule of law within the House of Representatives.

“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, have yet to file an official response to the allegations.

Next Steps

The court has summoned both parties and their legal representatives to a hearing scheduled for Friday, January 17, 2025, at 8:00 A.M. The outcome of this case is anticipated to set a critical precedent for resolving legislative disputes and upholding the rule of law within Liberia’s governance system.

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