MONROVIA – The Supreme Court of Liberia has resolved the protracted leadership dispute within the House of Representatives by declaring Speaker J. Fonati Koffa’s removal unconstitutional. In its detailed opinion issued on December 11, 2024, the Court also invalidated Joseph Koons’ appointment as Speaker, effectively restoring Koffa to his post. The ruling offers clarity following an earlier judgment on December 6, which had been criticized for its vagueness and potential to fuel divisions within the legislative body.
The Court emphasized that Koffa’s removal violated constitutional provisions outlined in Article 49 of the Liberian Constitution. It underscored that due process, including an affirmative vote of two-thirds of the House, is a prerequisite for removing a Speaker. The Court further ruled that actions by the majority bloc, including their decision to convene sessions presided over by Deputy Speaker J. Fonati Koffa Fallah, were unconstitutional and in direct violation of the House’s Standing Rules.
The majority bloc’s refusal to attend sessions convened by Speaker Koffa and their participation in alternative gatherings led by Deputy Speaker Fallah was deemed illegal. The Court affirmed that Speaker Koffa holds exclusive authority to call, convene, and preside over legislative sessions as mandated by the Constitution and House Standing Rule 10. The decision aims to restore order after weeks of political uncertainty and turmoil.
Attorney General Cllr. Oswald Tweh had previously issued a legal opinion supporting the actions of the majority bloc. In his seven-page analysis, addressed to the Ministry of State for Presidential Affairs, Tweh argued that the Deputy Speaker was constitutionally authorized to preside over House sessions in the Speaker’s absence. He maintained that legislative operations, including debates on the 2025 National Budget, must continue despite internal disputes within the House.
Tweh cautioned against interpretations of the Constitution that could hinder governance due to the absence of a single official. He asserted that such interpretations could undermine democratic continuity and the principles of good governance. Tweh further emphasized that the majority bloc’s actions met the quorum requirements outlined in the Constitution, legitimizing their legislative activities.
However, Tweh’s legal opinion has drawn widespread criticism. Sinoe County Senator Cllr. Augustine S. Chea was among those who strongly rejected the Attorney General’s interpretation, accusing him of distorting the Supreme Court’s ruling and misrepresenting constitutional provisions.
Senator Chea argued that Tweh’s opinion undermined the balance of power and legitimized unconstitutional actions by the majority bloc. He also criticized his Senate colleagues for relying on the opinion to validate Koons’ speakership, calling it a setback for the rule of law and a dangerous precedent for resolving political disputes in Liberia.
Chea further criticized the Supreme Court for issuing an ambiguous initial ruling that exacerbated tensions within the legislature. He called for judicial reforms to ensure that future decisions, particularly in politically sensitive
