Monrovia — The Executive's failure to submit the 2025 draft national budget to the Speaker's office last Friday, as anticipated, has raised eyebrows and questions about President Joseph Boakai's stance on the ongoing conflict in the House of Representatives.
In a communication to House Clerk Madam Mildred Sayon, Acting Minister of State Mr. Samuel A. Stevquoah noted that the President was consulting experts on the issue to inform his decision on whether to submit the draft budget. The budget was initially scheduled for submission on October 31, 2024, the statutory deadline. However, the President had requested an extension until November 8. In a November 6 communication to the House Clerk, he cited the Supreme Court's denial of Speaker Koffa's petition for prohibition on parallel sessions held by his colleagues as the reason for seeking expert advice on the implications of the ruling.
Senate Judiciary Chair Senator Augustine Chea criticized the President's decision not to submit the draft budget, stating it showed a disregard for the Speaker's authority. Chea likened the move to "constitutional breaches reminiscent of the Ellen Johnson-Sirleaf era," referencing past incidents where similar actions led to instability. According to Article 34(d) of the Liberian Constitution, the budget should be presented to the Speaker, yet Stevquoah's letter to the Chief Clerk bypassed this protocol.
"The Presidency is now directly involved in a constitutional conflict by overlooking the Speaker's authority," Chea remarked, insisting that Speaker Koffa remains the legitimate Speaker until removed by a two-thirds majority vote. "Not submitting the budget to Speaker Koffa is a direct affront to the rule of law," he added.
Chea interpreted the Supreme Court's refusal to grant the writ of prohibition on the parallel sessions as an indication that the House's power struggle is a political matter, not a judicial one, thus falling under the "political question doctrine," which limits judicial intervention in legislative affairs.
"The Justice's refusal to grant the writ was meant to signal to the parties that this is a political issue, not one for the courts," Chea explained, emphasizing that this does not equate to a victory for the majority bloc or negate Koffa's authority. "Speaker Koffa remains the legitimate Speaker until removed by the constitutionally required two-thirds majority," he asserted.
Although the majority bloc has expressed a desire to unseat Koffa, they have yet to achieve the necessary two-thirds vote. Nevertheless, they have instructed government agencies to work exclusively with them, challenging Koffa's legitimacy. Grand Gedeh County District #1 Representative Jeremiah Sokan, a prominent member of the anti-Koffa faction, has even advised officials to avoid engaging with the Speaker's office.
Koffa, however, has refused to step down, urging his colleagues to adhere to constitutional due process. His legal team argues that accusations against him, such as budget mismanagement and unauthorized changes within the House, are unfounded.
Senator Chea urged the Executive, Judiciary, and Senate to respect Koffa's authority. "The Constitution recognizes the authority of the Speaker, not a majority or minority bloc," he stressed, adding that the budget must be submitted to Speaker Koffa in a regular session under his authority to avoid setting "a dangerous precedent" that could destabilize governance.
"Not submitting the budget to Speaker Koffa and further disregarding the Speaker's constitutional authority by addressing the Chief Clerk has drawn the Presidency directly into the conflict," said the Sinoe Senator. He continued: "What aspect of Chamber Justice Gbeisay's ruling on Speaker Koffa's petition for a writ of prohibition is unclear to the President? The Speaker was mistaken in filing the writ, as the Supreme Court cannot prohibit the majority bloc from conducting sessions in the Joint Chamber instead of the main Chamber. This issue is political, not legal, and falls squarely within the political question doctrine."
Chea explained that the refusal to grant the writ underscores that the matter is not appropriate for judicial review and is better resolved by the Legislature. "This doctrine respects the separation of powers by acknowledging the unique roles of each branch and avoiding judicial overreach. The Speaker's dispute with those seeking his ouster is a political, not legal, matter," he added.
He pointed out that while the Deputy Speaker has presided over the majority bloc seeking to remove Koffa, he lacks authority to do so unless authorized by the Speaker or in cases of the Speaker's illness, death, absence from the country, or other incapacity.
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Chea referenced Article 49 of the Liberian Constitution: "The House of Representatives shall elect a Speaker, a Deputy Speaker, and other officers to ensure its proper functioning. The Speaker, Deputy Speaker, and other officers may be removed from office for cause by a two-thirds majority resolution."
Senator Chea emphasized that the Constitution requires a majority (37 Representatives) to hold sessions under the Speaker's authority and a two-thirds majority (49 Representatives) to remove the Speaker, with due process as outlined in Article 20(a) of the Constitution.
Chea also noted that only sessions convened by the Speaker or under his authority can adjourn without a quorum, compel attendance, and legitimately conduct legislative business. "The majority bloc has no legal authority to hold sessions or compel attendance, nor can they act upon legislative matters, as they are not sitting or conducting business legally."
