Monrovia – A dramatic power struggle unfolded on Capitol Hill on Thursday as the House of Representatives split into two factions, each claiming its own Speaker. The Majority Bloc, which has been holding parallel sessions, elected Representative Richard Nagbe Koon (UP, District #11, Montserrado) as their Speaker, while the Pro-Koffa group continues to recognize J. Fonati Koffa as the rightful leader.
By Gerald C. Koinyeneh, [email protected]
The event began in the joint chamber with the majority bloc endorsing the report of its special committee set up to investigate House Speaker J. Fonati Koffa. The group had accused Speaker Koffa of conflict of interest and corruption. Immediately after the report, the Majority bloc presented a resolution calling for the removal of the Speaker. following the reading, a motion was proffered by Rep. James Kolleh (District #2, Bong County) calling for the body to declare the seat of the speakership vacant. His motion also called on the Executive to strip Speaker Koffa of his immunity. Legislatively, this should have been the most important motion proffered in the Majority bloc’s quest to remove the Speaker, but some members on the floor called on the presiding officer, Deputy Speaker Fallah not to call for a vote. After a series of whispers, the resolution was noted by the majority bloc and no voted was taken.
Some members, citing Article 49 of the Constitution, said there was no need to take a vote.
Article 49 states “The House of Representative 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. The Speaker, 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 he claimed that Artic Rep.”
This has been one of the contentious issues in the removal of the Speaker by the majority bloc. While some are calling for the Speaker to be given due process. And at the end, a vote should have been taken through headcounts. Critics say a vote was not taken by the Majority Bloc due to lack of trust and confidence. They say if it had taken the vote, it would not have meet the two-thirds.
Rescinded but still included
As the drama unfolded, several lawmakers who had earlier affixed their signature said they were not part of the process as their signatures were rescinded through notarized affidavits. These include Reps. Matthew Joe (Grand Bassa), Thomas Goshua (Grand Bassa), Prescilla Cooper (Montserrado), Rep. Bintu Massalay (Grand Cape Mount), Rugie Yatu Barry (Montserrado) and Luther Collins (Gbarpolu).
‘Nothing happened’
Speaker J. Fonati Koffa downplayed the action. He and his allies have petitioned the Supreme Court of Liberia to address what they describe as unconstitutional actions by a faction of the House of Representatives. The petition, filed on Thursday, is addressed to the full bench of the Supreme Court, presided over by Chief Justice Sie-A-Nyene G. Yuoh.
The petition accused Deputy Speaker Thomas Fallah and other lawmakers, including Representative Samuel Kogar, of convening unauthorized plenary sessions, suspending lawmakers without due process, unlawfully restructuring statutory committees, and seizing control of the 2025 draft national budget—all in alleged violation of Liberia’s Constitution and the House’s Standing Rules.
Key Allegations
Unauthorized Plenary Sessions
Speaker Koffa and his allies argue that the respondents convened plenary sessions without the Speaker, the constitutionally mandated presiding officer under Article 49 of the Liberian Constitution. According to the petitioners, these sessions undermine the Speaker’s authority and violate House Standing Rule 10, which grants the Speaker exclusive powers to call and preside over sessions.
AND NOW COME the Petitioners, J. Fonati Koffa, Speaker of the House of Representatives and the Leadership of the House of Representatives of the 55′ Legislature, and most respectfully pray Your Honors to declare the following actions of the Respondents to be unconstitutional and illegal. The convening by the Respondents of a purported and illegal Plenary of the House of Representatives without the Speaker, the constitutionally designated Presiding Officer of the House of Representatives in Article 49 of the Constitution, notwithstanding the fact that he is present and available to perform his duties…
Speaker Koffa and allies’ Petition
Article 49 of the Liberian Constitution mandates that the House of Representatives shall elect, once every six years, a Speaker who shall serve as the presiding officer of the body, a Deputy Speaker, and such other officers necessary for the proper functioning of the House. The Speaker, Deputy Speaker, and other elected officers may be removed from office for cause through a resolution passed by a two-thirds majority of the House members. While Rule 10.1 states: “When the office of the Speaker becomes vacant due to removal, death, resignation, inability, or other disabilities, the Deputy Speaker shall act as Speaker until a new Speaker is elected within sixty days. When the Speaker is absent from a session, the Deputy Speaker shall act in accordance with Rules 8.1 and 8.2. In the absence of both the Speaker and the Deputy Speaker, a member of the House, as elected by the House for that purpose, shall preside. Such a member shall be known as ‘Speaker Pro-Tempore.’”
Speaker Koffa and colleagues contend that no vacancy has occurred in the Speaker’s office to warrant such actions and that the Majority Bloc’s actions undermine the established procedural framework of the House.
Suspension of Lawmakers Without Due Process
The petitioners allege that Representatives Edward Flomo (District 13, Montserrado County), Abu Kamara (District 15, Montserrado County), and Marvin Cole (District 3, Bong County) were suspended arbitrarily and without adherence to due process. They claim the suspensions violated Article 20 of the Constitution, which guarantees due process, and House Standing Rule 48, which outlines procedures for disciplinary actions.
Illegal Restructuring of Committees
The petition also accuses the majority bloc of unlawfully restructuring statutory committees. According to Speaker Koffa, the reconstitution of these committees ignored the required two-thirds approval of the House membership, as mandated by legislative rules. Additionally, the appointments made by the Speaker for three-year terms were disregarded.
Seizure of the 2025 National Budget
The petitioners contend that Deputy Speaker Fallah and Representative Kogar unlawfully seized the 2025 draft national budget, submitted by President Joseph Boakai, which was addressed to the Speaker as the presiding officer of the House. This act, they argue, undermines the Speaker’s authority and violates established legislative protocols.
Legal Basis
The petition invokes Article 6 of the Constitution, which designates the Supreme Court as the final arbiter in constitutional disputes. It also cites Chapter 2, Section 2.2 of the Judiciary Law, granting the Court jurisdiction over extraordinary writs.
In addition, the petitioners allege that the respondents’ actions contravene Article 49 of the Constitution, which defines the Speaker’s authority, as well as multiple provisions of the House Standing Rules.
Relief Sought
The petitioners are requesting the Supreme Court to declare the respondents’ plenary sessions unconstitutional and nullify all decisions made therein, reinstate the suspended lawmakers and rule their suspensions as unconstitutional, nullify the restructuring of statutory committees, declare the seizure of the 2025 draft national budget unlawful and reinstate the Speaker’s authority over budget deliberations.
Background
This petition comes amidst a deepening division within the House of Representatives. On Thursday, the Majority Bloc adopted a resolution calling for the removal of Speaker Koffa and announced the election of Representative Richard Nagbe Koon (District 11, Montserrado County) as their new Speaker.
Operating outside the main chamber, the bloc has been holding parallel sessions in the joint chamber of the Capitol Building. They accuse Speaker Koffa of conflict of interest and corruption, asserting that he has lost their confidence and can no longer preside over the House.
Observers say this legal battle could have far-reaching implications for Liberia’s legislative governance and constitutional integrity. The Supreme Court’s ruling will likely set a precedent for resolving internal conflicts within the legislature, particularly regarding the balance of power and adherence to procedural norms.
The nation now awaits the Supreme Court’s intervention to clarify the constitutional boundaries and ensure stability within one of its most critical democratic institutions.
Resolution challenged
The pro-Koffa say the resolution read in the majority sitting was quite different from the original which was taken by Rep. Luther Collins. Collins had accused a group of lawmakers of offering him a bribe to sign the resolution. He said he was given US$15,000 and promised US$10,000 when the Speaker is removed.
Rep. Marvin Cole, speaking on Spoon Talk said the original resolution was still in the possession of Collins.
The removal of Fonati Koffa as Speaker has been riddled with allegations of corruption. Even during following the adoption of the resolution, one of the lawmakers, Rep. Zinnah Norman of Gbarpolu who defected from the Speaker to the Majority Bloc on Tuesday confessed that four attempts were made to bribe him into signing the resolution and he refused.
He said: “This decision was critically decided, that’s why it took me months. I rejected bribes on four different occasions. I was sent to the legislature to serve a whole district with over 20,000 voters not to worship a certain individual.”
Alleged leak audio
Meanwhile, a leaked audio of Rep Koon has surfaced following his election as Speaker by the Majority Bloc. In the audio, Rep. Koon can be heard saying Speaker Koffa is being targeted because he offended many top and influential lawmakers including former Speakers of the House of Representatives. He said these top lawmakers are behind the Speaker’s removal.
With now two Speakers, the Capitol will be tense in the coming days. Staffers, especially those in central administration will be in a dilemma on deciding who to recognize.
