The Governance Commission is concerned about the Speakership contention that has divided the House of Representative between the so-called Majority and Minority Blocs, and says that a facilitated negotiation is reasonable for settlement of the debacle.
In a statement issued today, the under the signature of the Commission’s Acting Chairman Professor Alaric Tokpah, the Commissions said, ”On critical reflection, the Governance Commission of the Republic of Liberia is of the considered opinion that facilitated negotiation is the most reasonable way to settle the disagreement between members of the House of Representatives over the Speakership.”
According to the statement, the Governance Commission indicates that the time has come for the two conflicting sides over the Speakership to be encouraged to negotiate the interests behind the stubborn positions so that the House can get back to work.
”In most conflicts, the positions established are usually not the same as the interests behind those positions. And while necessary, the authoritative establishment of right and wrong between conflicting parties may deepen misunderstanding rather than build cooperation and good working relationships,” the Commission said.
The statement pointed out that in real life, “between two contradictory possibilities, there is always room for the excluded third.”
The Governance Commission therefore urged that national and international stakeholders should now rally their friends, acquaintances, and representatives; using the element and power of goodwill to facilitate negotiation for the settlement of the conflict in the 55th Legislature.
”Obviously, Constitutional interpretation, arbitration or adjudication are necessary in the Liberian system of law; but facilitated negotiation is well advised under the current circumstances and should therefore go side by side with the approaches before us,” the GC statement noted.
Liberia Finds itself in plex emergency
The Commission asserted that Liberia now finds itself in a complex emergency; and added that the uncertain outcome of the crisis in the Honorable House of Representatives of the 55th Legislature may induce a wait and see attitude on the part of potential investors and deepen the frustration of Liberians. ”This, we all should strive to avoid at all cost” the Commission further urged.
The statement then concluded: From all indications and to all intents and purposes, the Government of His Excellency Joseph Nyuma Boakai is serious and capable of delivering the best for Liberia. Liberians and our international friends should therefore not sit and tolerate the paralysis of the current government even for a moment.
It can be recalled that the House of Representatives of the 55th Legislature is divided over the removal of Speaker Jonathan Koffa, whose deputy has conspired and joined the so-called Majority Bloc with a majority that needs nine members of the House to effect a resolution to remove the sitting Speaker.
Speaker Koffa and his supporters refused to bow to the so-called Majority Bloc citing Article 33 of the Liberian Constitution.
Article 33 of the Liberian Constitution states that a simple majority of each House of the Liberian Legislature constitutes a quorum for conducting business. However, a smaller number of members can adjourn from day to day and force the attendance of absent members.
The Constitution also states that the Speaker is the constitutional leader of the House and must preside over all official sessions. The Deputy Speaker’s role is to support the Speaker in ensuring the proper functioning of the House.
Against this backdrop, the Sitting embattled Speaker, Cllr. Koffah and his supporters excluding Deputy Speaker, Lofa County Representative Thomas Fallah, who is leading the so-called Majority Bloc said they would use the legal system to compel the breakaway majority to Plenary Session.
Supreme Court Intervention
As the ongoing power struggle within the 55th House of Representatives has intensified, the sides met and concluded a conference with Associate Justice Yamie Quiqui Gbeissy. The conference followed a stay order issued by Justice Gbeissy, aimed at halting efforts by the “majority bloc” to remove House Speaker Cllr. Jonathan Fonati Koffa.
The Speaker Koffah’s legal team, represented by former Associate Justice Kabineh Ja’neh and Cllr. Cyrenius Cephas, argued that the attempts to oust Koffah is a violation of the Speaker’s constitutional rights.
They indicated the alleged violations of Articles 31 and 49 of the Liberian Constitution, asserting that the majority bloc failed to follow proper due process in their efforts.
Article 31 1986 Constitution of the Liberian Constitution States that each member of the Legislature, before taking his seat and entering upon the duties of office, shall take and subscribe to a solemn oath of affirmation, before the presiding officer of the House to which such person was elected and in the presence of other members of that House, to uphold and defend the Constitution and laws of the Republic and to discharge faithfully the duties of such office.
“Article 49 as quoted also states that 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 shall ensure the proper functioning of the House.
It also added that 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.”
Countering these claims, the “majority bloc”, represented by former Senator Varney Sherman and Atty. Garrison Yealue, maintained that their actions were legitimate.
Cllr. Sherman stated that a formal complaint had been filed against Speaker Koffa on October 21, 2024, which has yet to receive a response, thus justifying their move for removal.
During the conference, Associate Justice Gbeissy and presiding in chamber questioned Cllr. Sherman on whether a formal complaint had been submitted to Speaker Koffa prior to the removal efforts, and Cllr. Sherman confirmed that it had been filed but was met with strong rebuttals from Koffa’s team, who contended that no official complaint was lodged–only signatures had been gathered to support the removal.
The lawyer of the So-called bloc acknowledged this directive, indicating a willingness to compel his clients “majority bloc to return to session under the speakership of” Jonathan Fonati Koffa.
Majority maintained stance
But since then, the ”Majority Bloc” refused to heed the intervention promised the Supreme Court, and have started using the Joint Chamber of the Capitol Building as a parallel Plenary meeting place for the anti-Koffah Bloc -the majority bloc, although legal pundits have criticized their move, stating that until they can get a two-third majority, any Plenary session they convene is unconstitutional.
Amidst the rig-marole, there are indications that President Joseph Nyuma Boakai Sr. has made his presence known at the Capitol .
Sources from the Executive Mansion have revealed that the President has taken charge and instructed Vice President Koung to dismantle the influential Anti Koffa bloc.
This move has caused a buzz in the political arena and speculation is rife about the possible implications. It is reported that four lawmakers have been chosen to lead the way on Tuesday, intensifying the anticipation and curiosity surrounding this development.
Meanwhile, the main opposition Congress for Democratic Change (CDC) has suspended Deputy Speaker Thomas Fallah and CDC lawmakers that the party claims have connived with other lawmakers in the plot to remove Speaker KoffaThe CDC’s Secretary General Jeffersson Koijee told partisans in Monrovia that Deputy Speaker Fallah and other other CDC legislators in connivance should report to the Executive Community for investigation to determine the merit of their actions at the House of Representatives, before further action can be decided.
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