The Supreme Court of Liberia mandates all parties in the ongoing leadership crisis in the House of Representatives to return to Status Quo Ante, following a writ of mandamus filed by embattled Speaker J. Fonati Koffa, protesting his removal.
By Lincoln G. Peters
Monrovia, Liberia, November 25, 2024—The ongoing leadership crisis within the House of Representatives has taken another dramatic twist following the white ballot vote that saw members of the majority bloc remove embattled Speaker J. Fonati Koffa.
The joy of the majority bloc’s apparent victory has been short-lived. The Supreme Court ordered all parties involved in the leadership struggle to return to STATUS QUO, meaning they should return to their status as of October 15, 2024, before the rebellion.
Embattled Speaker Koffa, who challenges his removal, filed a writ of mandamus to the Supreme Court here on Thursday, November 21, 2024, calling the High Court’s attention to the legality of his colleagues’ decision to elect a new speaker while he remains the sitting Speaker of the 55th Legislature.
However, in its order issued on 22nd November 2024, the Supreme Court commanded Cllr. Sam Main Mu, Clerk of the Supreme Court to notify the Minister of Justice and Attorney General, Cllr. N. Oswald Tweh to appear and file returns on the side of the law before the FULL BENCH of the Honorable Supreme Court of the Republic of Liberia, Temple of Justice, on Tuesday, November 26, 2024, at 9:00 a.m. as to whether or not, the Petitioners’ Petition should be granted.
Furthermore, the Clerk of the Supreme Court was also instructed to notify the referenced Members of the House of Representatives to also file their returns.
“You are further commanded to instruct the Minister of Justice and the referenced Members of the House of Representatives to file their official returns to this Writ in the Office of the Clerk of this Honorable Court on or before the said 26th day of November A. D. 2024, and have the Members of the House of Representatives to return to Status Quo Ante and Stay all further proceedings or actions pending the determination of the matter”, the writ reads.
The Supreme Court also mandates that the Clerk read the original to them and leave a copy of the Writ with them. As to when and how he shall have served this Writ, he will make known by filing his OFFICIAL RETURNS hereto on the back of the original Copy in the Office of the Clerk of this Honorable Court on or before the said 26th day of November A. D. 2024.
Majority lawmakers replaced Speaker Koffa on Thursday, November 21, 2024, by ruling UP lawmaker Richard N. Koon on the white ballot as the new Speaker of the House.
Koon is Montserrado County District #11 Representative, who lost the race for the speakership to Cllr. Koffa during the inception of the 55th Legislature in January.
But a defiant Koffa has filed a six-count petition to the Supreme Court of Liberia, praying for a writ of mandamus against members of the Majority Bloc, challenging his removal and subsequent replacement on the grounds that it was done outside of the legal process.
A writ of mandamus is a court order that compels a lower court or government official to perform a legal duty or correct an abuse of discretion. The term comes from the Latin word mandamus, which means “we command.”
Newly elected Speaker Koon was sworn in by the Majority bloc, becoming the second Speaker of the 55th Legislature.
Following his election Thursday in the Joint Chambers of the Capitol, defiant Koffa took to his Facebook page, encouraging himself and his supporters that “Nothing has happened.”
Despite the election of a new Speaker, Cllr. Koffa contends in his writ of mandamus to the Supreme Court that he remains the duly elected Speaker of the House of Representatives of the 55th Legislature and Presiding Officer.
According to him, the majority bloc that announced his removal had refused to attend duly convened legislative sessions of the plenary of the House of Representatives while attaching a notarized affidavit issued by the sergeant-at-arms of the House, confirming the respondent’s refusal to attend sessions.
He argues that the majority bloc’s refusal to attend sessions has created a constitutional procedure impasse due to the lack of the constitutional quorum required by the Liberian Constitution for the House to conduct official business, including enacting the national budget for the 2025 fiscal year into law.
The veteran Liberian lawyer and lawmaker continues that the action by the majority bloc raises grave, urgent, and pressing constitutional issues that have created a constitutional impasse, which requires immediate attention and resolution by the Bench.
“The majority bloc’s failure to attend these sessions violates the Constitution, the statutory laws of Liberia, and the Standing Rules of the House of Representatives. Their actions violate Article 33, which prevents the plenary from performing legislative duties due to the lack of quorum. Also, Article 34 of the constitution which gives the House the right to enact laws was violated. Wherefore, and in view of the foregoing, petitioners respectfully request the court to cause the Alternative writ of mandamus to be issued, requiring the majority bloc to attend plenary legislative sessions as mandated by Article 33 of the Constitution of Liberia, Statutory laws and the House Standing Rules”, the Grand Kru County representatives pleads.
According to the Majority bloc, 50 Representatives signed the resolution for Speaker Koffa’s removal. The resolution was read in the Joint Chambers of the 55th Legislature during the Majority session presided over by Acting Chief Clerk Comic Chea, following a motion by Bong County Representative James Kolleh.
The majority bloc decided to follow a specialized committee’s report. Editing by Jonathan Browne
