MONROVIA – The Liberian National Bar Association (LNBA), through its National President Cllr. Bornor M. Varmah, has issued a strongly worded statement expressing formal disagreement with the Supreme Court’s April 23, 2025 Opinion and Judgment concerning the Amended Bill of Information filed by House Speaker J. Fonati Koffa. While the Bar acknowledged the Supreme Court’s authority as the final arbiter of constitutional questions, it raised serious concerns about the Court’s interpretation and its broader implications on the separation of powers and democratic governance in Liberia.
In its communication on Tuesday, April 29, 2025, the LNBA cautioned that the Supreme Court has dangerously expanded the traditional role of the Bill of Information into a vehicle for re-litigation rather than clarification, thereby undermining the Political Question Doctrine and risking long-term damage to the nation’s governance framework.
At the center of the controversy is the Supreme Court’s declaration that any sittings or decisions of the “Majority Bloc” in the House of Representatives, to the exclusion of Speaker Koffa, are unconstitutional. This declaration, the Bar argues, not only interferes with the internal workings of the Legislature but could render the 2025 National Budget and all its associated decisions illegal, raising the specter of a potential collapse in public financial operations.
Cllr. Varmah asserted that the December 6, 2024 ruling, cited as the foundation for the Amended Bill of Information, did not contain a clear mandate enforceable under existing judicial procedures. As such, the Bar contends that the Court’s recent elaboration has morphed into a second, substantially different Opinion in the same constitutional matter, in violation of both judicial restraint and the Constitution.
“The Supreme Court’s opinion constitutes judicial overreach into matters exclusively reserved to the House of Representatives,” the LNBA stated. “This violates the Separation of Powers doctrine—the cornerstone of our republican democracy.”
The LNBA further emphasized that under Liberian jurisprudence, the Bill of Information is limited to preventing interference with an existing Court mandate. It is not designed to re-adjudicate political disputes, such as leadership changes within the Legislature. The Bar maintained that such matters are non-justiciable political questions and must be resolved internally within the political branches through dialogue and democratic procedures.
The Bar took particular exception to the Court’s interpretation of Articles 33 and 49 of the 1986 Constitution, which deal with quorum and the authority of the Speaker. According to Cllr. Varmah, the Court’s insistence that Speaker Koffa was “present and available” to preside over House sessions, thereby invalidating the actions of the Majority Bloc, reflects a rigid view that ignores practical legislative dynamics.
“If the Speaker is present on the Capitol grounds but refuses to preside over legislative business, and a quorum exists, does that mean no session can take place?” Varmah questioned. “That interpretation invites absurdity and obstructs governance.”
The LNBA warned that if the Supreme Court’s ruling remains unaltered, the legitimacy of the 2025 budget could be nullified, rendering all government disbursements, salaries, and procurement transactions illegal. “This could amount to criminal subversion of the State,” the Bar stated, urging the Court to reconsider its position to avoid plunging the nation into constitutional crisis and financial paralysis.
Invoking the Political Question Doctrine, the Bar stressed that the Judiciary must refrain from intervening in matters traditionally left to legislative discretion, such as leadership disputes and procedural conduct within the House of Representatives. The Supreme Court’s ruling, according to the LNBA, undermines this doctrine and threatens the delicate balance between Liberia’s three co-equal branches of government.
In its closing remarks, the LNBA called on national stakeholders to pursue institutional harmony through dialogue. It proposed the formation of an Independent Mediation Committee comprising eminent Liberians, including former Chief Justices, the leadership of the LNBA, the Interreligious Council, and civil society actors, to facilitate a peaceful resolution to the legislative standoff.
Cllr. Varmah concluded, “The LNBA remains unwavering in its commitment to the rule of law, constitutional integrity, and democratic stability. We urge the Supreme Court to act prudently and avoid a calamity that would undermine the credibility of the State and disrupt public trust in Liberia’s governance institutions.”
