Liberia: Justice Gbeisay Finally Clarifies Supreme Court’s Ruling, Says Majority Bloc’s Actions Were Ultra Vires
By Willie N. Tokpah, [email protected]
Monrovia – What initially seemed like a routine political dispute within the House of Representatives has escalated into a full-blown constitutional crisis, threatening to undermine the country’s democratic processes.
The majority bloc’s actions have come under intense scrutiny, largely due to a forceful statement by Associate Justice Yarmie Quiqui Gbeisay, which questioned the legality of the bloc’s decisions.
In a powerful address during the February Term of Court Opening in Sanniquellie, Nimba County, Justice Gbeisay sent shockwaves through the political landscape. He declared that the majority bloc’s decisions were invalid due to their failure to elect a recognized Speaker – a constitutional necessity for a valid quorum.
“Whatever you do is ultra vires,” Justice Gbeisay stated, effectively rendering any legislation passed or decisions made by the majority bloc null and void. His words resonated with legal clarity, underscoring the crucial need for adherence to constitutional procedures.
But the ruling’s implications extend beyond the majority bloc.
Justice Gbeisay also directed his attention to the embattled minority bloc, led by Speaker J. Fonati Koffa, acknowledging the legal constraints they face in compelling the majority to cooperate.
His said the court instructed that the minority bloc must continue adjourning until a proper quorum is established, prolonging the legislative deadlock and exacerbating the House’s ongoing crisis.
The Origins of the Crisis: A Disputed Election
The roots of this standoff can be traced back to November 2024, when the majority bloc of the House elected Richard Nagbe Koon as the new Speaker in the joint session.
Koon’s election, conducted through a white ballot, was immediately contested by Koffa’s loyalists, who dismissed it as illegitimate. Koffa, they argue, is the rightful Speaker, and they filed a lawsuit to challenge the outcome.
The legal battle centers on the legitimacy of the session in which Koon was elected. Koffa asserts that the session was convened without his approval or presence, violating both the Liberian Constitution and the House’s Standing Rules.
According to Koffa, only he has the authority to call and preside over legislative sessions, rendering the actions of the majority bloc unconstitutional and procedurally invalid.
The core of Koffa’s legal challenge lies in Articles 33 and 49 of the Liberian Constitution, which require a quorum and a recognized presiding officer for any legislative action. Critics argue that Koon’s election failed to meet these constitutional requirements, casting doubt on the legitimacy of the majority bloc’s subsequent actions.
The Role of the Executive and Senate
Despite the legal challenges, Koon’s election gained the endorsement of the Executive Mansion and the Liberian Senate in December 2024.
Justice Minister Cllr. N. Oswald Tweh publicly declared that the Supreme Court’s ruling had validated the majority bloc’s actions, solidifying Koon’s position.
However, Koffa’s supporters remain unconvinced, asserting that the Supreme Court ruling did not explicitly endorse the majority bloc’s decisions.
The legal battle continues, with Koffa’s petition seeking to declare the majority bloc’s sessions and decisions null and void. Both sides claim victory, yet the impasse remains unresolved.
A Dramatic Showdown: The Eviction of Speaker Koffa
The standoff reached a dramatic point on February 11, when Rep. James Kolleh, Koon’s appointed Chairman on Rules, Order, and Administration, forcibly evicted Speaker Koffa from his office.
The majority bloc contends that the office rightfully belongs to the newly elected Speaker, Koon.
In a defiant letter to the Chief Clerk, Koffa challenged the majority bloc to seize his office as they did the speakership — through illegal means and with the backing of the executive.
Koffa’s refusal to step down further inflamed tensions, prompting Rep. Kolleh to accuse him of obstructing the smooth transition of power and hindering the legislative process.
For Rep. Kolleh and the majority bloc, Koffa’s resistance has become an additional obstacle in their quest for full control over the House.
The coming days will be crucial. Both blocs are under immense pressure to find a resolution and restore normalcy to the legislative process. The question remains: Will the House of Representatives resolve its differences and emerge from this crisis stronger, or will the nation continue to grapple with division and political dysfunction?
