Monrovia – Liberia’s Supreme Court finds itself at a pivotal moment under the leadership of Chief Justice Sie-A-Nyene Gyapay Yuoh, as the country grapples with an escalating political and constitutional crisis.
By Willie N. Tokpah, [email protected]
When Chief Justice Yuoh was commissioned, she pledged to dispense justice without fear or favor. Under her leadership, the Court has delivered several landmark rulings. However, in the ongoing House leadership crisis, its recent decision failed to provide a definitive resolution, with both the Majority and Minority Blocs claiming victory—prolonging the impasse.
In response, Speaker J. Fonati Koffa has filed a bill of information, asking the Court to declare the actions of the Majority Bloc unconstitutional. The Court has since summoned the “purported Speaker” Richard Koon and his allies to respond, signaling its intent to hear Koffa’s complaint.
With mounting criticism over its failure to deliver a clear ruling to resolve the crisis, public anticipation is high. As Chief Justice Yuoh prepares for retirement in June 2025, the Court’s handling of Koffa’s request will serve as a critical test of her legacy as Liberia’s first post-war female Chief Justice.
A Judiciary Under Scrutiny
As Chief Justice Yuoh enters her final year in office, the Court finds itself at the center of a storm, navigating the increasingly fraught relationship between the Executive and the Legislature—particularly the House of Representatives.
Public confidence in the judiciary has been waning due to its handling of politically charged cases. The nation’s deep political divisions have spilled into the courts, placing the judiciary’s independence and credibility on the line.
Amid this turmoil, Chief Justice Yuoh announced her retirement during the opening of the Supreme Court’s March Term, marking a significant moment in Liberia’s legal and political history.
The Speaker Controversy and the Supreme Court’s Role
At the heart of the current crisis is the ongoing power struggle in the House of Representatives.
Speaker Koffa, locked in a standoff with the Majority Bloc led by Richard Nagbe Koon, continues to assert his legal right to the speakership despite being forcibly evicted from his office in February 2025. The eviction, which involved breaking into Koffa’s office, has raised serious concerns about the rule of law and respect for democratic processes.
The Majority Bloc’s actions have drawn widespread criticism, with accusations of unconstitutional behavior undermining the House’s integrity. The dispute has been exacerbated by the Supreme Court’s ambiguous ruling, which left the legitimacy of Koon’s election or Koffa’s claim to the speakership unresolved.
However, Associate Justice Yamie Quiqui Gbeisay recently issued a forceful interpretation of the Court’s opinion, declaring the Majority Bloc’s actions “ultra vires” (beyond their legal authority). He emphasized that without a legitimately elected Speaker, the House cannot form a valid quorum, rendering any decisions or legislation passed null and void.
Justice Gbeisay’s remarks underscore the legal complexities of the crisis, signaling the Court’s attempt to assert its authority amid escalating political chaos.
Diplomatic Fallout: Firestone, U.S. Visa, and International Scrutiny
The political discord has drawn international attention.
Firestone Liberia’s refusal to honor the Majority Bloc’s summons over labor issues has intensified tensions. The company, long accused of poor working conditions and labor rights violations, has consistently rejected the Majority Bloc’s authority, raising concerns about corporate accountability.
Regionally, the Economic Community of West African States (ECOWAS) attempted to mediate, but its intervention failed when the Majority Bloc rejected a key proposal: that the House convene under Koffa’s leadership so members could formally file complaints against him before he recused himself for investigation.
Instead, the Majority Bloc moved to consolidate power, electing a new set of delegates to the ECOWAS Parliament and requesting that Speaker Koffa replace the existing members. However, ECOWAS rejected Koon’s request, reaffirming that its current delegates hold fixed-term mandates under the regional body’s rules.
Ellen Johnson Sirleaf Weighs In
Former President Ellen Johnson Sirleaf has also entered the fray. During the Armed Forces Day celebrations, she refused to recognize Koon as Speaker while acknowledging Deputy Speaker Thomas Fallah.
Speaking at the NAYMOTE-Liberia Second Summit on Democracy and Political Accountability recently, Sirleaf criticized the Supreme Court’s handling of the crisis, calling for a decisive ruling to end the uncertainty.
“Now is definitely not the time for the Supreme Court to deliver an ambiguous ruling that may take us away from peacefully resolving the disruption unfolding in another important branch of government,” she stated.
The Supreme Court’s Response: Bridging the Divide
As the crisis deepens, the Supreme Court, under Chief Justice Yuoh, faces a critical moment. With her retirement looming, the Court remains the final institution capable of resolving the political and legal standoff.
Justice Gbeisay’s recent remarks suggest that the Court recognizes its role in restoring constitutional order. However, with tensions running high, the Court’s next steps will be crucial in shaping Liberia’s democratic future.
The absence of Chief Justice Yuoh from President Joseph Nyuma Boakai’s State of the Nation Address (SONA), coupled with her participation in a high-level judicial conference in Cairo, has fueled speculation about the Court’s reluctance to engage in the political battle. While some view her absence as an attempt to maintain neutrality, others argue that it reflects the judiciary’s unwillingness to take decisive action.
President Boakai’s Statement on the Judiciary
Amid the controversy, President Boakai has urged the Supreme Court to uphold the rule of law.
Speaking at the opening of the Court’s March 2025 Term, Boakai emphasized the importance of an independent judiciary in Liberia’s democracy.
“I welcome you back, Justices of the Supreme Court. As you open the March 2025 Term, I hope you have rested well and done a lot of legal research to deliver and dispense justice without fear or favor, as required by the Liberian Constitution,” he stated.
Boakai commended Chief Justice Yuoh for her leadership but faced criticism for his perceived endorsement of the Majority Bloc, which some analysts believe emboldened them to solidify their hold on power.
“The bedrock of our democracy is a strong and independent judiciary that dispenses justice without fear or favor,” Boakai continued. “I call on you to be steadfast in addressing the needs and principles of all who appear before you.”
Despite these remarks, Boakai’s administration has faced backlash for allegedly interfering in the House’s internal crisis.
The Legacy of Chief Justice Yuoh
As Liberia stands at a crossroads, Chief Justice Yuoh’s legacy hangs in the balance.
Will she be remembered as the leader who restored confidence in the judiciary, or as the Chief Justice who presided over a Court that failed to act decisively in the face of political chaos?
With pressure mounting from both domestic and international actors, the Supreme Court is being put to the ultimate test.
