Liberia News: Constitutional Maneuvering Continues.

Monrovia-Embattled House Speaker Cllr. J. Fonati Koffa is still fighting back to regain control of the Legislature as attempt by some members of the House to out step him from the speaker ship continues.

The embattled Speaker, along with 23 members of the House, convened at the Capitol on last Tuesday but was forced to adjourn due to a failure to meet the constitutionally required quorum for conducting business. A similar situation unfolded on Thursday, another scheduled session day.

Koffa and his faction were well aware they lacked the numbers, given the prolonged deadlock that has gripped the House since last October. However, their actions are grounded in Article 33 of the Constitution, which states: “A simple majority of each House shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members.”

Despite these procedural maneuvers, the majority bloc, led by Richard Koon—now a controversial Speaker—continues to conduct legislative business and enjoys official recognition from the Unity Party-led government. Koon is a member of the Unity Party.

In December, the Supreme Court ruled on Koffa’s complaint regarding the refusal of majority bloc members to attend sessions and their attempt to remove him outside established procedures. The Court acknowledged that, according to the Constitution, a lower number of House members failing to form a quorum may adjourn from time to time and compel attendance. However, the Court noted that it was not within its authority to determine how members of the House could be compelled, as the law remains silent on that matter. The Constitution is also silent on how long the adjournment by a small number can continue.

On January 8, members of the minority bloc (Rule of Law Caucus) announced their decision to return to legislative sessions under Koon despite unresolved disputes. Led by Nimba County District #7 Representative Musa Bility, the caucus said they would uphold the rule of law while seeking resolutions to the issues that have deeply divided the House.

In a press statement, Representative Bility said the caucus had waited in vain for clarity from the Supreme Court regarding its recent rulings on the legislative crisis, prompting the decision to return to sessions. “We have waited for the Supreme Court to clarify its last ruling, but to no avail. Thus, we must take a different approach to resolve our differences through legislative interactions,” he stated.

The Rule of Law Caucus vowed to address several key issues on the House floor. Chief among them was the contentious election of Montserrado County District #11 Representative Richard Koon as Speaker, which they insist is unconstitutional and contravenes established House rules. They also decried punitive actions, including the suspension of minority lawmakers and the withholding of their salaries, as well as the reconstitution of committees without due process. Additionally, the caucus accused the majority bloc of withholding benefits owed to its members despite confirmation that the Ministry of Finance and Development Planning had already transferred the funds to the House’s accounts.

Bility reiterated the caucus’ resolve to pursue both legal and legislative measures to restore what they term “constitutional order.” “We remain steadfast in our commitment to the rule of law, which includes taking further legal actions alongside seeking legislative resolutions,” he said. Bility also extended gratitude to the Liberian people for their support, assuring them of the caucus’ dedication to defending the Constitution.

On January 28, Montserrado County District #10 Representative Yekeh Koluba was expelled from a regular sitting of the House of Representatives after openly rejecting Koon as Speaker.

Koluba, an outspoken critic of President Joseph Boakai’s administration and Koon’s election, sparked a commotion shortly after the day’s agenda was read. “Richard Koon is not the Speaker. I only recognize Deputy Speaker Thomas Fallah,” Koluba declared, drawing sharp reactions from Koon’s allies in the chamber.

Last week, the Rule of Law Caucus again withdrew from Koon’s sessions after Associate Justice Yamie Quiqui Gbeisay of the Supreme Court clarified during the opening of the court in Nimba that the Bench had boycotted the President’s State of the Nation Address to avoid legitimizing Koon’s Speaker ship.

“We did not attend the President’s address because we wanted to avoid the conflict. Now that you, the so-called majority bloc, claim to have a quorum, we still don’t see a Speaker there. So whatever you do is ultra vires. It is all illegal,” Justice Gbeisay declared, addressing an audience that included newly admitted members of the National Bar Association (LNBA).

Justice Gbeisay further explained that when the matter came before the Supreme Court, they ruled that the House must have a quorum, presided over by a legitimate Speaker. “We told the minority bloc, ‘The law states that until you can have a quorum, you must continue to adjourn from day to day and compel the majority to join you.’ But there is no statute detailing how you can compel them,” he explained.

According to him, no legal provision exists outlining how the minority can force the majority to attend a session presided over by a Speaker who lacks the required quorum. “You don’t have a rule telling us how you will compel the people. So, you remain there until you get the majority. Whatever you do is ultra vires. Both sides, it is clear: ‘Go and solve your problem,’” he added.

Justice Gbeisay stated that the House of Representatives, and by extension, the Legislature, is a political body, and as Justices of the Supreme Court, they do not wish to be entangled in political conflicts.

Embattled Speaker Koffa, Bility, and three other lawmakers now risk expulsion from Koon’s House for chronic absenteeism, as the plenary there moved to enforce disciplinary actions against members of the House who have repeatedly failed to attend their legislative sessions.

Bong County District 2 Representative and Rules, Order, and Administration Chair James Kolleh, raising concerns on Tuesday, called on plenary to take decisive action, emphasizing that it is unjust for lawmakers to receive salaries and benefits while neglecting their legislative duties.

“I thought it wise to bring this to the attention of plenary, having observed that many of our colleagues have not been showing up for sessions, which is a constitutional responsibility imposed on us as the people’s deputies,” Kolleh stated.

Koon’s Plenary has instructed the Chief Clerk to officially notify the defaulting lawmakers, giving them until Thursday to appear or face disciplinary action. Fonati Koffa (Grand Kru County District 2) – 8 session days absent, Musa Hassan Bility (Nimba County District 7) – 6 session days absent, 2 days present, Taa Z. Wongbe (Nimba County District 9) – 8 session days absent, Roland Opee Cooper (Margibi County District 1)-6 session days absent, 2 days present, Luther S. Collins (Gbarpolu County District 2) – 5 session days absent, 3 days present,

Under Rule 48.7, plenary has the authority to impose penalties based on the severity of the violation, including oral or written warnings, suspension for up to 30 legislative days with salary and benefits withheld, and expulsion from the House for repeated violations.