Liberia: Koffa Not Ousted, but Lacks Quorum

In post-war Liberia, being Speaker of the House of Representatives has turned out to be one of the most stressful jobs -- perhaps more so than being the President of Liberia. In the past 19 years alone, only one Speaker -- Bhofal Chambers -- has served his full six-year term. The reasons might be a subject of an intense study but suffice it to say that, being the head of the first branch of government and, simultaneously, second in the line of succession to the presidency of the nation, who wouldn't want your job?

But that's just the question for those aspiring to get to your vantage point. For those in higher places, the question is about exerting influence on the head of an august body that makes laws and has oversight responsibility for what goes on in government. This effectively makes the House Speaker an endangered species, a target of poaching -- and in this case, of mutiny.

Over the past nearly two decades, savvy political tactics have been at play through "unknown hands" -- and who is the target this time -- Speaker J. Fonati Koffa, whose colleagues at the House of Representatives are calling for his removal.

During the two-term administration of President Ellen Johnson Sirleaf, we saw two speakers -- Speaker Edwin Melvin Snowe (2007) and Alex J. Tyler (2016) -- crumble under pressure and eventually resigned their posts.

Under a very similar formula of pressure, the current Speaker, Cllr. J. Fonati Koffa, believes he can hold his ground and weather the storm of discontent aired by a simple majority of lawmakers concerning his leadership of the Lower House.

And the pressure is on.

A resolution, signed by the 47 lawmakers on October 17, calls for Speaker Koffa's removal, claiming he no longer enjoys their confidence. The rebellious lawmakers, who are accused of being bribed to embark on this course, accuse him of manipulating the House budget and using his position to further his personal business interests, which they argue undermines his leadership and the integrity of the legislative body. They are yet to prove their allegations against their leader.

Supporters of the Speaker counter that the move to oust him is driven by an audit he initiated, which is likely to expose significant financial misconduct implicating several high-ranking members of the Legislature -- possibly including himself.

They further allege that the 'majority bloc' is keen to prevent Speaker Koffa from presiding over the 2025 Budget hearing, which could potentially allow them to manipulate the budget.

The Grand Kru County lawmaker has vowed not to bow to old tactics or maneuvers that saw the removals of former Speakers. According to him, resigning or stepping down is not an option and that he will ensure the law is followed to the letter. By law, he can legally be removed by a resolution signed by 49 lawmakers -- constituting two-thirds of the House membership, the necessary number for impeachment.

The Speaker said on Capitol Hill on Tuesday, October 22, that he can only be removed, constitutionally, for a cause by resolution of a two-thirds majority of the members of the House, as enshrined in Article 49.

The Speaker's camp, however, did not secure a quorum for the day's legislative session, as there were only 30 of the 73 representatives present. Unable to meet the constitutional requirement of 37 members, Speaker Koffa adjourned the session and instructed the Sergeant at Arms to call absent members to the session.

Despite the low turnout, the lawmakers, under Speaker Koffa's leadership, voted on a motion to either hold session on every scheduled day or seek legal advice to compel absent lawmakers to attend.

Speaker Koffa and his team reaffirmed their commitment to working in the interest of the Liberian people and urged all members to uphold their responsibilities diligently.

Deputy Speaker Thomas Fallah, who has been accused of co-masterminding the plan to remove Speaker Koffa, remained silent during the proceedings.

The rival lawmakers, led by Nimba County Representative Samuel Kogar, convened a separate session in the Joint Chamber of the Legislature but could not get the legitimacy to go ahead either. The group, 39 present, tried to conduct legislative business, presided by Margibi County Representative Clarence Gahr.

Like Koffa, some lawmakers have vowed to put their political careers on the line to ensure that such a form of political dark act is discouraged and erased from the Liberian political landscape.

Throwing jabs at the masterminds -- whoever they may be -- Nimba County District #7 Representative, Musa Hassan Bility, said: "We are fully aware of your history of coercing speakers to resign, but that ends here. If you intend to oust Fonati Koffa as Speaker, you will need to rally 49 or more lawmakers in the House of Representatives to legitimately exercise their authority for his removal. Any actions taken without this majority will merely serve to inflate your egos."

He added, "In the past, your tactics may have succeeded because there were few willing to stand against you. However, today, we have courageous individuals ready to hold you accountable and demand respect for the rule of law. Remember: THE LAW IS THE LAW."

Constitutional Crisis Looms

There are a lot of legal implications to the stalemate at the Capitol.

The renegade lawmakers could potentially face legal ramifications for their actions, as their decision to deviate from constitutional procedures may lead to disciplinary measures or expulsion from the House.

If their session is found to be invalid, any actions taken during that time could be nullified, creating further complications. On the other hand, the official session overseen by Speaker Koffa may also encounter legal challenges due to a lack of quorum, potentially resulting in legislative actions being challenged in court.

The use of a writ of mandamus to compel attendance could be considered, but any refusal could lead to a shutdown of the House of Representatives, impacting the functionality of the legislative branch.

With the national budget submission deadline approaching in just nine days, the current legislative crisis could not have come at a more challenging time. Liberia's economy is already grappling with issues such as inflation, unemployment, and inadequate infrastructure development.

A delay in budget approval may exacerbate economic challenges, affecting critical public services and governmental functions. President Joseph Nyuma Boakai's administration has maintained a relatively quiet stance on the situation, but there is growing pressure for presidential intervention to facilitate a resolution.

The government's ability to execute its agenda may be compromised without a functional legislature, potentially leading to increased instability.

The crisis has garnered interest from international partners, prompting foreign diplomats to voice apprehension regarding its potential effect on Liberia's democratic stability. The U.S. Ambassador recently met with Speaker Koffa, calling for both parties to seek resolution through dialogue, cautioning that ongoing discord may jeopardize foreign aid and investment.

Meanwhile, there are reports that if the absentees' lawmakers refused to attend session for Thursday and Tuesday, there may be legal remedy, a writ of mandamus.

A writ of mandamus is a court order compelling a government official, public agency, or lower court to perform a duty that is required by law. This legal tool is used when an official or entity fails to fulfill their obligations, and the person seeking the writ is entitled to have the duty carried out.

Also, the writ of mandamus also provides a response and, if the response isn't satisfactory; there will be redress at the Supreme Court. And the Supreme Court has the authority to relieve lawmakers of their positions among others.

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