After four of the five Justices of the Supreme Court of Liberia granted embattled Speaker J. Fonati Koffa an Amended Bill of Information to assess the constitutionality of actions taken by the Majority Bloc lawmakers in the House of Representatives, Associate Justice Yamie Qui-qui Gbeisay dissented from his colleagues, calling their decision a “slap in the face of justice.”
Justice Gbeisay argued that there was no mandate from the Supreme Court, and that the Bill of Information failed to meet the requirements outlined in Rule IV, Part 12 of the Revised Rules of the Supreme Court and the law. He expressed concern that Chief Justice Sie-A-Nyene G. Yuoh and the other three Justices had made a grave error, labeling it a miscarriage of justice.
Additionally, Justice Gbeisay disagreed with the assertion that the passage of the budget for fiscal year 2025 by the Majority Bloc in the House of Representatives and its subsequent confirmation by the Liberian Senate was illegal, as claimed by the informant. He took into account the political and legal circumstances surrounding the case, acknowledging that despite the impasse in the House of Representatives, which had led to divisions between the Majority and Minority Blocs, the lawmakers still had the right to convene despite the Supreme Court’s ruling on December 6, 2024.
Gbeisay emphasized that the Supreme Court does not have the authority to prevent another branch of government from fulfilling its constitutional responsibilities. The Majority Bloc, while in session, received the draft budget for the fiscal year 2025 from the Clerk of the House of Representatives, which had been submitted by the President of Liberia. Following this, the Majority Bloc deliberated on the budget, passed it, and submitted it to the Liberian Senate, which affirmed the decision made by the Majority Bloc.
“Here, a political decision was made by the Majority Bloc and the Senate to pass the draft budget, despite the impasse within the House of Representatives. This political decision, confirmed by the Liberian Senate, led to the budget being submitted to the President of Liberia for his signature, which he provided as part of his official duties as President, Head of Government, and Chief Executive,” he stated.
Justice Gbeisay remarked that the significance of these actions should not be overlooked, as the court is aware of the potential chaos that could arise within the Liberian government.
“I am restating the circumstances that could have led to chaos and the total collapse of the Government of Liberia,” he lamented. He explained that as part of his constitutional duties, the President of Liberia is required to submit a draft budget for each fiscal year to enable the government to operate effectively—paying salaries, fulfilling governmental obligations, and covering operational expenses for all three branches of government. By law, the fiscal budget for 2025 should have been presented to the House of Representatives before October 31, 2024.
Questioning his dissenting colleagues, he asked, “What could the President have done amid a divided House of Representatives? Should he have waited until his government collapsed due to an unpassed fiscal budget? Indeed, that would have been an unwise decision or an indication of a non-functional government.”
Applying his judgment as President, Head of Government, and Chief Executive, Justice Gbeisay indicated that the President chose to submit his draft budget to the Clerk of the House of Representatives, which was then taken up by the Majority Bloc.
Reflecting on the Supreme Court’s earlier decision from December 6, 2024, he noted that the President was nearly two months late in complying with the budget law.
Justice Gbeisay concluded, “Given all of the aforementioned circumstances, the Executive Branch of the Liberian Government acted prudently and decisively by signing into law the budget passed by the Majority Bloc and the Liberian Senate for the survival of the state. This is now the 2025 Fiscal Budget that this government is using to operate, and on which every branch is relying.”
He further stated that the Executive’s actions regarding the 2025 fiscal budget—despite the legislative impasse—align with the principle of self-preservation of the state. He asserted that the doctrine of international law recognizes a state’s fundamental need to protect itself, its citizens, and its interests from harm or destruction, particularly in times of external threats or internal instability. Thus, the Executive’s actions are supported by public policy.
“As Head of Government, Head of State, and Commander-in-Chief of the Armed Forces of Liberia, according to Article 50, the President exercises expediency and approval powers under Article 35,” Judge Gbeisay asserted.
