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Analysis: Bracing for uncharted territory

By: Atty. Isaac W. Jackson, Jr.

The Supreme Court, having heard oral arguments regarding the Bill of Information filed by Cllr. Koffa’s lawyer, decided to reserve ruling on the matter. However, based on the legal gymnastics, it was clear that lawyers representing the majority bloc experienced difficulties in their endeavor to convince the Justices of the Supreme Court about the legal status of the so-called majority bloc. 

Notably, the difficulty certainly did not stem from the majority block lawyers’ lack of knowledge. To the contrary, the absence of law to support the ultras vires manner in which the so-called majority bloc has continuously conducted the affairs of the legislature, came into sharp focus during the hearing.  

Given the nature of the proceedings yesterday, I have been toying with one critical question: Is our system equipped to deal with the outcome of an unintimidated Supreme Court Opinion?

For those paying attention, the tendentially-crystallizing position of the Supreme Court speaks of Counsellor-Speaker Koffa’s victory. Bearing this looming expectation in mind, how do we deal with the avalanche of constitutional violations that have ensued as a result of the simple-minded, political interpretation of the law by Cllr. Oswald Tweh, Minister of Justice? 

It’s regrettable that Nyonblee Karngar Lawrence, President Pro Tempore of the Liberian Senate could not stop herself from spouting the nonsense that she relied on the Minister of Justice’s twisted interpretation of the Court’s earlier Opinion for the budget passage; even though the law requires her to operate independently of the Executive by relying on the advice of the legislature’s Legal Counsel. This shameless conduct highlights not just the egregious incompetence of the Pro Tempore but her sheer ignorance, which ought to disqualify her from continuously presiding over that body.

Now, if the Court were to rule in favor of Cllr Koffa, while others would be violently opposed to such a ruling, the following interpretations would naturally spring to conclusion, thereby embarrassing the Executive Branch vehemently 

– that:

(a). the 2025 SONA was not delivered as constitutionally required;

(b)  the endorsement of the National Budget by the Legislature was illegal; 

(c). the National Budget was compromised because it’s a fruit derived from a poisonous tree; and

(d). the Minister of Finance carried out an unlawful order by withholding the salaries of some lawmakers, etc.;

All of the foregoing border on constitutional violations, which could see Boakai’s administration steering into the abyss of possible impeachment. 

It is needless to stress that this disastrous legal path could have been avoided had the Boakai administration dispensed with political vendettas and prioritized competence over empty-headed t-shirt-wearing loyalists. 

That we have a legal advisor with zero history of winning a single case before the Supreme Court speaks volumes. What about an attorney general quarantined in his corporate office with zero legal baptisms? 

Besides, Boakai failed to put clear blue water between his administration and those administrations notorious for violating the law – allocating budgetary provisions for brutalizing peaceful student protesters; illegal dismissal of tenured officers; while retaining others well beyond their statutory limits; as well as the illegal procurement of yellow machines, etc. 

Surely, the wages of sin is death.  The sin of repeating past mistakes and having egregiously incompetent, simple-minded legal advisors shall bring about the death of the Boakai administration. 

Following the Court’s ruling eventually, we shall invoke Article 62 of the Constitution on account of Article 76, which will ultimately lead to a strengthened judiciary and the dawning of a new day. Brace yourself for uncharted waters. 

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* The author, BSc., LLB, LL.M, former Liberia’s Permanent Representative to the International Maritime Organization (IMO). Also served with Liberia’s Ministry of Information, Culture and Tourism from 2008 as Assistant and later Deputy Minister for Press & Public Affairs. Jackson defends a political career which arises from his days as a student activist at the University of Liberia