Liberia: Supreme Court Justice Denies Koffa's Plea

Members of the Liberian legislature (file photo).

-- Embattled Speaker now runs to Full Bench

The embattled House Speaker Cllr. Fonati Koffa suffered a devastating political blow in his fight to hold on to power, when the Supreme Court's Chamber Justice Yamie Quiqui Gbeisay declined to interfere with his removal by the majority lawmakers referring to themselves as "majority bloc."

Speaker Koffa had earlier sought Gbeisay's intervention through a Writ of Probation, seeking a stay order against the majority bloc's stance to remove him in violation of the House's Standing Rules, specifically due process.

However, the majority bloc has promised to respect Koffa's right to due process before voting him out of the speakership.

Unexpectedly, Justice Gbeisay on Wednesday declined to act on Koffa's request.

In a brief one-page letter dated November 6, to the both parties (majority bloc and Speaker Koffa's bloc), he wrote, "you are hereby informed that the Justice has declined to issue the writ prayed for."

Meanwhile, the letter said, "the stay order of October 25, 2024, is hereby lifted."

Koffa had run to the Supreme Court and appeared to be trying to hold on, but making no mention of stepping down himself.

The speaker has now been left almost entirely dependent on his majority bloc support mainly from the CDC, who have resisted Koffa's resignation, unless the majority bloc followed the houses' rules and the 1986 constitution for his removal.

With this decision, Koffa's only defense is the constitutional mandate in Article 33, which provides that the Speaker preside over the business of the House of Representatives, which renders the majority bloc illegitimate, even though their gathering has a quorum.

Another frustrating thing for Koffa, is the defection of his deputy speaker Thomas Fallah, who like Koffa is a member of the opposition Congress for Democratic Change (CDC).

Rep. Fallah's eventual departure to demand Koffa's immediate resignation.

The day before declining the writ, Gbeisay held two separate conferences with the majority and Koffa's bloc to find a way out of the political impasse, but under no circumstances did the parties agree to a dialogue to resolve the contentious removal.

Since the standoff, the House has not been able to hold business, because Koffa could not get a quorum of 37 lawmakers.

Meanwhile, the majority bloc that has 42 lawmakers has held sessions on multiple occasions in the joint chambers. Yet, without the Speaker present, their sessions do not count. Thus, Koffa has written off any possibility of a resignation.

Speaker's Legal Fight Continues

Despite the setback caused by the refusal of the Justice in Chamber, Speaker Koffa remains determined to pursue legal avenues to get redress against the group of lawmakers seeking his removal.

Speaker Koffa is resolute in his stance to challenge what he perceives as unconstitutional actions and uphold order within the House. He expressed his commitment to upholding the Constitution and safeguarding the House's established rules, emphasizing his intent to pursue further legal actions within the judicial framework to defend his rights.

"I am standing firmly on the side of the law and will remain resolute in ensuring that no group of members can subvert the Constitution of the Republic of Liberia or the established rules of the House," Koffa is quoted as saying. "We intend to take further legal actions in the coming days to assert our rights within the framework of the law. I will not resign in the face of such callous disregard for the legal process."

Koffa maintains that he will not resign in response to what he considers a disregard for legal processes. The disagreement stems from the Majority Bloc questioning the House's rules and Koffa's authority based on their numerical strength. Koffa's legal team asserts that proper due process has not been afforded to the Speaker and contests the allegations against him, emphasizing adherence to constitutional procedures as outlined by the Liberian Constitution.

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