Monrovia – Former Liberian President Ellen Johnson Sirleaf has expressed deep concern over the Supreme Court’s handling of the ongoing leadership crisis in the House of Representatives, calling for a decisive ruling to bring clarity to the dispute.
By Selma Lomax [email protected]
Sirleaf warned that ambiguous decisions could further destabilize the legislature, urging the Court to provide a definitive resolution instead of leaving the matter in legal limbo.
“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,” Sirleaf stated during the opening session of the NAYMOTE-Liberia Second Summit on Democracy and Political Accountability.
Her remarks come as the Supreme Court has issued a writ summoning key members of the House of Representatives to appear before the full bench on March 14, 2025, in response to a Bill of Information filed by embattled Speaker J. Fonati Koffa and other members of the 55th Legislature.
The writ, signed by Supreme Court Clerk Cllr. Sam Manulu, orders the respondents—including Representative Richard N. Koon, who claims the speakership, and Deputy Speaker Thomas Fallah—to justify why the informants’ request should not be granted. The Court has also directed them to submit their official returns.
Background of the Crisis
The dispute stems from a petition filed by Speaker J. Fonati Koffa and his allies, seeking the Supreme Court’s intervention in a legislative standoff. Koffa asked the Court to clarify Article 33 of the Constitution regarding quorum requirements and to compel boycotting lawmakers to return to session.
The boycotts had resulted in the Majority Bloc installing Richard Koon as Speaker, dissolving committees set up by Koffa, and suspending some lawmakers loyal to him.
In its ruling, the Supreme Court acknowledged its jurisdiction over constitutional matters but refrained from issuing a direct solution. Chief Justice Sie-A-Nyene Yuoh, delivering the unanimous opinion, stated:
“Under these circumstances, the Supreme Court cannot do for the Legislature what is within its [legislative] purview to do, as to do so will be a violation of the constitutional mandate on the separation of powers.”
The Court ruled that while the Constitution obligates the Speaker to compel absent lawmakers to attend, it does not specify how this should be enforced. It further declared that any legislative action not in conformity with Articles 33 and 49 of the Constitution is illegal.
“WHEREFORE AND IN VIEW OF THE FOREGOING, any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires. Hence, members of the House of Representatives are to conduct themselves accordingly.”
However, the ruling failed to resolve the impasse, with both factions claiming victory. Since then, the Majority Bloc, emboldened by its numerical strength and support from the Executive Branch and the Liberian Senate, has taken full control of the House, rendering Speaker Koffa ineffective.
Legal and Political Ramifications
Seeking further legal clarity, Speaker Koffa filed a Bill of Information, urging the Court to declare the Majority Bloc’s actions unconstitutional. The Supreme Court remained silent on the matter until Associate Justice Yamie Gbeisay, in a bold address at the opening of the February Term of Court in Nimba County, denounced the Majority Bloc’s actions as “ultra vires”—beyond their legal authority.
Justice Gbeisay noted that the Supreme Court’s decision to boycott President Joseph Boakai’s State of the Nation Address stemmed from the lack of a legally recognized Speaker, which undermined the House’s ability to form a valid quorum.
“Whatever you do is ultra vires,” Justice Gbeisay declared, a statement that intensified political tensions within the legislature.
Sirleaf’s Call for Ethical Leadership
Turning to the broader implications of the crisis, Sirleaf criticized lawmakers for prioritizing power struggles over national interests. She urged them to aspire to statesmanship, emphasizing that true leadership requires standing firm on principles, even in isolation.
“Now, also, is not the time for weakening legislative oversight so that we continue to act in fulfillment of narrow self-interests and what is best for a party over what is necessary for our country.”
She further warned against political hypocrisy.
“If it was wrong yesterday, it has to be similarly wrong now. Repeating a wrong will not somehow make it right. In the history of mankind, it never has, and never ever will be.”
Sirleaf’s remarks served as a pointed reminder of the long-term consequences of political maneuvering at the expense of national stability.
Sirleaf also warned that that world is engulfed with so many problems that it might not turn to Liberia as it did during the height of its civil war, which led to the ultimate end of the conflict.
“This Summit could not be convened at a more reflective and challenging time for our country. Today, perhaps more than ever before, we confront the daunting challenge of a dismal economic outlook, and the increasing prospect of looking only to ourselves to improve the conditions of living in our country. To put it more bluntly, today, more than ever, we are on our own,” she said.
She added: “There is no UNMIL and there will be no international force in our country to turn to for our nation’s security if we choose to break our own laws. Therefore, now is not the time for members of our national security institutions to be engaged in public scuffles among themselves that can only serve to undermine public trust and confidence in their sworn duty to maintain and enforce law and order.”
Next Steps: Supreme Court Hearing
The Supreme Court has scheduled a crucial hearing for March 14, 2025, to consider Speaker Koffa’s Bill of Information against the Majority Bloc.
Koffa’s petition alleges that the Majority Bloc, led by Koon and Deputy Speaker Thomas Fallah, has continued to act in defiance of the Court’s December 6, 2024, ruling. His legal team, headed by Cllr. Arthur Johnson, argues that the Majority Bloc’s actions are unlawful and should be declared null and void.
The petition further claims that Justice Minister Cllr. Oswald Tweh misinterpreted the Court’s ruling in a December 10 legal opinion, falsely deeming the Majority Bloc’s actions lawful.
In addition to seeking nullification, Koffa’s team wants all decisions, hearings, and sessions conducted by the Majority Bloc to be recognized as violations of the Supreme Court’s ruling.
The Court has ordered the Majority Bloc to submit their official returns by March 14, explaining why Koffa’s requests should not be granted. The outcome of this hearing will be pivotal in determining whether Liberia’s House of Representatives can restore order—or remain mired in constitutional uncertainty.
