Monrovia — Justice in Chambers Yamie Quiqui Gbeisay’s decision last week to summon members of the Majority Bloc, aiming to oust House Speaker Fonati Koffa, to a crucial conference on November 4, 2024, continues to divide opinions on the legality of such directive, with prominent lawyers backing Justice Gbeisay’s decision.
By Selma Lomax [email protected]
The Supreme Court’s communication, dated October 25, 2024, ordered all actions regarding the leadership dispute to be suspended pending the conference outcome.
The anti-Koffa lawmakers feel the Associate Justice is exceeding his jurisdiction. Rep. Samuel Kogar of Nimba’s fifth district and leader of the the Majority Bloc, vowed to challenge the Supreme Court’s recent directive. “Liberians can be assured that the Judiciary will not stop the House from working. The court cannot tell the House what to do as it relates to its leadership. The majority has decided to embark on the removal of Fonati Koffa, and we will go ahead and do the Liberian people’s business on Tuesday,” Rep. Kogar said.
“We are in no way prepared to listen to that Justice. No one is going to make us cower into submission. We know the game that is being played and we will not fall for it. We will stand our ground,” Bong County representative Foday Fahnbulleh told FrontPageAfrica Monday. “There is a certain clique that has been controlling everything in this country for which nothing is going. When people want to stand up to one, the others will start to come at you through every means possible. We will not be intimidated by them. We will stand and speak for our people.”
Rep. Fahnbulleh vowed that legislative activities would persist without interruption, contending that the writ of prohibition interferes with the constitutional authority of the Legislature, noting that Justice Gbeisay’s involvement challenges the principle of separation of powers as enshrined in Article 3 of the Liberian Constitution.
No, Justice [Gbeisay] was not wrong. The Constitution in Article 66 provides that the Supreme Court shall be the final arbiter of Constitutional issues. In this case, the Majority Bloc has not given [Speaker] Koffa due process. There is no investigation report against Koffa. Koffa has not been subjected to hearing. So, the Justice is right to issue the Stay Order to listen to the parties before taking further decision.
Member of the Liberia Association citing anonymity
While the Constitution gives the Supreme Court the power to be the final arbiter of justice and the highest Court to entertain and interpret constitutional matters, there is a huge missing link between how the Supreme Court interprets constitutional matters when it comes to the internal events at the National Legislature.
Lawyers defend Justice Gbeisay’s directive
The directive issued by the Associate Justice has been backed by lawyers, who believe he was in no error despite claims by the majority bloc of him exceeding his jurisdiction.
Quoting a provision in the Constitution, an attorney-at-law who requested not to be mentioned, said, “Article 66 of the Constitution provides that the Supreme Court shall be the final arbiter of constitutional issues. In this case, the Majority Bloc has not given Koffa due process. There is no investigative report against Koffa. Koffa has not been subjected to hearing. So, the Justice is right to issue the Stay Order to listen to the parties before taking further decision.”
He added, “The Court must listen to issues that border on the violation of the constitutional right of any Liberian. Issuing a Stay Order until a conference is held does not mean the Justice has taken a decision against the majority bloc.”
A member of the Liberia Bar Association citing anonymity, also said “It is laughable and sounds insensible for the anti-Koffa bloc to think that the Supreme Court is interfering into the legislative affairs, when an Associate Judge from another branch was impeached thru the Lower House and forwarded to the Senate right? Many of whom are part of that rebellion group run to the law when his or her rights are injured under our laws right? They can have their session but does that legitimize their actions outside of our constitutional provision”?
Attorney-at-law Samwar Fallah believes the action by the anti-Koffa bloc is a complete disregard to the rule of law, respect for the powers of the Supreme Court and the Constitution of Liberia when all the lawmakers took oath to protect and defend the constitution of Liberia.
