Legislature: Politics Overshadows Rule of Law

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MONROVIA–Liberians are of the belief that those rebuffing the ruling of the Supreme Court of Liberia and intepreting same to their taste are doing so on the pedestals of political or party interest compared  to respect for the rule of law.

The country still reels from dangerous circumstances of the highest proportion since the inception of the campaign by a group of allegedly bribed lawmakers acting under the appellation of majority bloc to unseat duly elected Speaker of the House of Representatives, Cllr. Fornati Koffa of Grand Kru County 2nd District.

Two different attempts, through the weight of the law via the Supreme Court of Liberia, by the Speaker to a large extent faltered in that the outcome of the first prohibition filed before the Justice-In-Chambers of the Court, Associate Justice Yamie Gbeisay, was somehow sunken while the second Petition (In-Re) filed before the full Bench appeared to have added flames to an already dangerous fire.

President Boakai

Both legal luminaries, political experts and ordinary Liberians left bewildered as it relates to the clarity of the Court’s judgment,  which the contending parties are taking advantage of to claim victory over the other, tacitly consolidating their positions and actions and demonstrating an unconstrained posture towards the rule of law.

While the highest court of the land was being pressed to come out clear with its ruling, whether the majority bloc is legally justified or the minority bloc is, the Executive Branch headed by the President pushed the button in favor of the former, recognizing the sitting of the majority as legal as per the ruling of the Supreme Court.

The executive or the President’s recognition of the majority bloc comes barely few hours after President Boakai reportedly met with Speaker Koffa and told him to resign or face untold consequences, including stripping him of all immunities.

But a defiant Speaker allegedly told the President he would not resign outside of the legal perimeters regarding the removal of Speaker as provided for in the constitution and the rules of the House of Representatives.

Political Interest Over Rule of Law

The overbearing push of politics or political interest is replete in Liberia’s governance history as governments in power upteen times put their selfish political interest over the rule of law, which is often butchered indiscriminately.

Records show that who becomes speaker, the presiding officer of the House of Representatives, has been as contentious as it is today, with ruling parties using every ounce of might at their disposal to head the first branch of government.

As per Liberian law, the Speaker is the third powerful person in the country after President and vice President, thus making a matter of interest to parties in power to ensure the speaker comes from their camp.

While in some democracies, the party with majority members in parliament, in the case of Liberia, the National Legislature, puts forth the Speaker, the ruling party always fights to produce the speaker in Liberia.

The True Whig Party regarded as the longest ruling party in the country’s history did not share the speakership with any other party, as there were either no opposition or they were surprised and illegitimized politically.

The current quagmire at the House of Representatives regarding the removal of Speaker Koffa has never been the thing of the past until the country underwent a serious political and social metamorphase.

From James B. McGill to the two last longest serving speakers in Richard Wiles (elected three times from 1935 to 1940) and Richard Abrom Henries, Sr. from           1952 to 12 April 1980, the country historically did not wallop into political and legal acalpolitic     as the one being experienced.

Historians have indicated removal of speakers did not surface during the reign of Samuel Kanyon Doe, first as military leader and as President following the 1985 elections which was reportedly rigged by Doe.

1. Nicholas Podier, a member of the 17-enlisted men who toppled the William R. Tolbert government was elected speaker of the interim national assembly.

Liberia Actions Party (LAP) Jackson F. Doe of Nimba County reportedly won the election, but Doe, with the backing of the army, was declared winner, thus sparking political tension that eventually culminated into the bloodbath that began in 1989.

Samuel Dualu Hill of Bomi County, a member of the National Democratic Party of Liberia (NDPL) was elected speaker from 1986 – 1990, an indication that Doe did not allow a non-NDPL member to become Speaker.

The political dissension of removing speakers began in the post-civil war democratic era when then President Ellen Johnson Sirleaf and her Unity Party (UP) initiated the removal of then Speaker Edwin Snowe, an Independent representing the 6th District of Montserrado County.

Just as current Speaker Koffa is battling his removal using the available legal means, Speaker Snowe fought tooth and nail to overturn what he called illegal removal but to no avail.

The Supreme Court whose intervention Speaker sought at the time designated the action of the lawmakers seeking his removal as political, flatering on the application of constitution.

Having exhauted all available tools at his disposal, Speaker Snowe had no other option but to resign, paving way for the UP-led administration to meandered its way and elect J. Alex Tyler, then of the UP as the next Speaker.

Political pundits at the time argued that Tyler’s election was  complete satisfaction of President Sirleaf’s political interest of having her own partisan at the helm of the House of Representatives.

Few years down the line, Speaker Tyler was given the marching orders just as Snowe following corruption allegations leveled against him. He was accused of foul-play by Global Witness in the Sable Mining corruption allegation that shocked and rocked the Ellen administration that was nearing its end.

Tyler did not seek legal intervention at the level of the Supreme Court, but resigned under pressure, making way for the enthronement of another UP partisan in Emmanuel Nuquay as Speaker. Many also believed Nuquay’s election was mere coronation and consolidation of the UP’s political interest of controlling the first branch of government.

Ruling parties putting forth Speakers is as long as the governance foundation of the Republic, beginning with the absolute control of the TWP of the House of Representatives.

CDC reign and Speaker Chambers

just as the Unity Party under former President Sirleaf enjoyed the speakership, so is the Coalition for Democratic Change (CDC), the formet rulinih party.

Prior to the inauguration of then President-elect George Weah in 2018, the 54th National Legislature elected Dr. Bhofal Chambers, a ranking member of the incoming ruling CDC, as Speaker almost on white ballot. His electon to elite Speaker position, according to legislative experts and political pundits was due to the fact that the CDC, not  necessarily because it had the majority but because it was the incoming ruling party, and it wanted to proterct its interest by having its own partisan in the position.

Having with the CDC having majority members in the House, there are reports that Speaker Chambers survived several attempts to dethrone him.

“The reason he was not removed is because the CDC was in power as the ruling party,” remarked someone who said he was knowlegeable of happenings at the Legislature during Chamber’s reign as Speaker.

it is believed that the leadership quagmire at the House of Representatives is a sequel of ruling parties always wanting to have one of their members as speaker, not necessarily about the current speaker lacking the wherewithal to perform.

“This is why, irrespective of everything the Speaker did to endear and back the President and the executive on many issues, he is still being pushed out. He is not from the UP, so he can’t serve at the will and pleasure of the party ruling,” Hezekiah Padmore told this paper.

He said it has become a standardized politics in Liberia where non-ruling party member can survive to be speaker, stressing “Ellen did not allow it to happen, so will Boakai not allow it to happen.”

Padmore intoned the rebuff of the Supreme Court ruling by the Executive Branch is calculated, not that they are not aware the ruling did not favor the side they support.

Others made mention of the removal of former Associate Justice Cllr. Kabineh Ja’neh in 2018 as pure display of politics and interest, not necessarily about the rule of law.

Though his removal process was done as per the law, it was political reasons that got him out, not that he was completely guilty of the allegations brought against him.

Liberians are of the conviction that respect for or application of the rule of law will continue to be labial because sitting governments  always prioritize their interests when it comes to who occupies certain positon, mainly the position of speaker of the House of Representatives.

“Even if the Supreme Court was to clearly rule that the majority bloc is proceeding wrongly, the Executive Branch, which has shown support form them, would have found different channel of support because of political interest,” Paul Myers stated, adding that Liberia is simply “a country of men, not law.”

“Politics, as we know it, as a game of interest, and once Koffa is not from the UP, the President does not find faith in working with him, even if he (Koffa) prostrates before him daily as a mark of honor,” Myers added.

He expressed frustration that this is happening under a government that came to power on the mantra of honoring the rule of law. He concluded that the politics in Liberia has indeed beclouded every aspect of the rule of law.