Liberia-The Supreme Court of Liberia is being pushed to the wall to take seize of its authority as it relates to the situation at the House of Representatives in which it rendered a judgment that has evoked much more confusion than remedy.
An In-Re Petition was filed before the full Bench of the Court sometimes ago by under-pressure Speaker of the House of Representatives, Cllr. J. Fornati Koffa in the wake of non-cooperative actions of some members of the august body acting under the canopy of Majority Bloc with the duly elected Speaker Koffa.
Two days after the highest Court of the land rendered a judgment in the matter which many believe has left more doubt than clarity, and even created more tension at the Lower House Cllr. Tiawan Saye Gongloe,, a seasoned lawyer, has petitioned the Court for AMICUS CURIAE to aid the Court arrive at a decision that will prove to Liberians and members of the conflicting parties at the lower House that the Court holds the supremacy of the law over politics under the constitution.
The two opposing parties are claiming victory and jurisdiction as per the judgment, leaving ordinary and legal pundits scratching their heads as to why the Court rendered they considered as “suspended judgment.’
However, Cllr. Gongloe in his petition filed before the full Bench of the Supreme Court December 7, argued that in his over thirty-six years of practice of law, he can fully prove that the Court has Jurisdiction over leadership disputes in any of the two houses of the Legislature.
Cllr. Gongloe recalled that there are two petitions before the Supreme court including the first petition filed on November 22, 2024 which seeks the court’s decision on the constitutionality of certain actions taken by some members of the House of Representatives.
Gongloe, a former President of the Liberia National Bar Association, further disclosed that these actions include the convening of a plenary of the House, not under the authority of the Speaker, the constitutionally recognized presiding officer of the House of Representatives, contrary to Article 49 of the Constitution of Liberia.
He also noted that the suspension of three members of the House of Representatives, namely, Edward Flomo, Abu Kamara and Marvin Cole by the group of Representatives who convened without regard for the authority of the Speaker; the restructuring of the leadership of the House of Representatives of the said group of Representatives; and the seizure of the 2025 Draft National Budget sent to the House by the President through the Speaker.
According to him, whether or not a majority of the members of the House of Representatives has the legal authority to stay away from a regular session of the House or convene not under the authority of the Speaker, pointing out that the holding is no.
The Court’s action in determining the constitutionality of certain actions of the Legislative Branch is not interference, but an exercise of its authority given by Articles 2, 65 and 66 of the Constitution of Liberia, which provide that, “This Constitution is the supreme and fundamental law of Liberia and its provisions shall have binding force and effect on all authorities and persons throughout the Republic…”
He quoted Article 2, as saying “The Judicial Power of the Republic shall be vested in a Supreme Court and such subordinate courts as the Legislature may from time to time establish…”
Also, Cllr. Gongloe reminded the Court of Article 65; which states that “The Supreme Court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact except cases involving ambassadors, ministers, or cases in which a county is a party,” he argued.
Whether the Court will reverse its judgment as per Gongloe’s petition for Amicus Curiae is another lingering legal battle.
