Monrovia — Lawyers representing J. Fonati Koffa, embattled Speaker of the 55th Legislature, have filed a Bill of Information with the Supreme Court, accusing the Minister of Justice and Attorney General, Cllr. N. Oswald Tweh, of unlawfully interpreting the Court's December 6, 2024 ruling.
Cllr. Arthur T. Johnson and Cllr. Justice Kabineh J'aneh, representing Speaker Koffa, assert that the Justice Minister's December 10, 2024 public legal opinion--addressed to the Minister of State for Presidential Affairs--wrongly concluded that the actions of the Majority Bloc were lawful.
In the four-count Bill of Information, the lawyers claim that the Minister's opinion undermines the Supreme Court's authority and emboldens unconstitutional behavior. "The action of the Minister of Justice has further exacerbated the situation," Koffa stated in the filing.
The Bill of Information alleges that Representatives Koon, Fallah, and members of the so-called Majority Bloc have defied the Supreme Court's ruling by continuing to convene unauthorized legislative sessions, including budget hearings. These actions, according to Koffa's legal team, directly contravene Articles 33 and 49 of the Constitution, which require the Speaker--or, in their absence, the Deputy Speaker--to preside over all legislative sittings.
The filing emphasizes that the unconstitutional removal of Speaker Koffa and the purported election of Rep. Koon as Speaker were declared invalid and ultra vires in the Court's ruling.
Koffa's lawyers argue that the Justice Minister's support for the Majority Bloc's actions has deepened the legislative crisis. They cite the Supreme Court's 1961 precedent in In Re C. Abayomi Cassell to underscore the constitutional responsibilities of the Attorney General.
"The judiciary is the anchor of governmental stability; without it, vested interests might suffer, sacred rights might be violated, and administrative chaos could result," the Bill of Information states. It further asserts that the Attorney General must provide impartial legal opinions that safeguard public rights, regardless of political pressure.
The filing stresses that the Supreme Court's rulings are final and binding. Once a statute or action is deemed unconstitutional, it becomes null and void without requiring legislative repeal.
Relief Sought
Speaker Koffa and his legal team are requesting the Supreme Court to:
- Declare the actions of Rep. Koon, Deputy Speaker Fallah, and the Majority Bloc null and void.
- Hold the Majority Bloc in contempt for defying the Court's ruling.
- Order the Justice Minister to publicly retract his legal opinion.
- Provide further relief deemed necessary to restore constitutional order and uphold the rule of law.
The Supreme Court's December 6, 2024 ruling addressed constitutional violations concerning actions taken by certain members of the House of Representatives. The Court unequivocally held that legislative sittings and actions must adhere to the quorum and presiding officer requirements outlined in Articles 33 and 49 of the Constitution.
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The ruling invalidated the removal of Speaker Koffa and the election of Rep. Koon, ordering compliance with constitutional provisions moving forward. Despite this, Koffa's lawyers argue that the Majority Bloc continues to disregard the Court's decision, prompting the need for judicial intervention.
The Bill of Information serves as a formal plea for the Supreme Court to enforce its ruling, ensuring adherence to constitutional principles and safeguarding the stability of Liberia's legislative and judicial systems.
