In a pointed statement, Cllr. Varney Sherman, on Wednesday, November 27, issued a warning to the Supreme Court, emphasizing that the Court should avoid meddling in the political decisions that led to the removal of Cllr. Fonati Koffa, Speaker of the House of Representatives. Sherman, a former Senator for Grand Cape Mount County, stressed that the issue at hand is political in nature and should be handled as such.
"Don't interfere with the decision of the majority bloc of the Legislature, because this is a matter that is political in nature," Sherman, warned.
Sherman's caution comes as the Full Bench of the Supreme Court, on yesterday listened attentively to Speaker Koffa's contention that his removal as carried out by certain members of the House bypassed the proper legal procedures and was not done in accordance with the constitutional provisions that govern the removal of officials.
Koffa's legal team however argued that the Court has the authority to review the constitutionality of the actions of the House of Representatives. "Article 2 of the Constitution affirms that the Constitution is the supreme law, and actions contrary to it must be declared unconstitutional."
Additionally, Article 66 grants the judiciary the final authority in constitutional matters, which extends to cases such as this, the Koffa team argued.
In counterargument, Sherman cautioned the court, "Leave this political fight with the lawmakers, because they will not agree to reinstate the speaker, even, if you were to mandate them to do so. Are you going to compel them to reinstate the speaker?" Sherman asked.
"If they refuse your decision to reinstate the speaker, would you arrest them or jail them to compel them to reinstate Koffa?"
According to Sherman, Koffa has been removed and the court cannot enforce him to be Speaker.
"The lawmakers have the power under the Constitution to remove the Speaker and they did," Sherman argued.
However, Koffa's team prayed the court to rule, declaring the actions of the majority block in the House of Representatives as unconstitutional.
"These actions violate fundamental constitutional principles, and it is essential for the Court to uphold the rule of law and the integrity of Liberia's legislative process," they claim.
On November 21, the Majority Bloc controversially elected Representative Richard Koon as their new Speaker, declaring the Speaker's position vacant and passing a resolution, purportedly signed by 50 lawmakers.
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The voting process was bypassed during the plenary session, and the Bloc instructed House staff to notify various entities, including the Executive, Judiciary, Senate, and diplomatic community, of the leadership change. They also instructed the transfer of Speaker Koffa's office amenities to the newly elected Speaker and gave Koffa a one-week ultimatum to vacate the office.
The Supreme Court, during the legal proceedings, also expressed concerns about the legality of Representative Richard Koon's recent election as Speaker. Justice Yusif D. Kaba asked Cllr. Sherman regarding the procedural aspects of Speaker Koon's election. Justice Kaba also questioned the legality of meetings held in the absence of Speaker J. Fonati Koffa, seeking clarification on whether proper procedures were followed.
Chief Justice Sie-A-Nyene G. Yuoh and Justice Kaba requested clarification on the removal process for Speaker Koffa.
The Chief Justice asked: "Can there be a quorum without the Speaker presiding?" This raised essential points for consideration during the legal proceedings.
Meanwhile, the Supreme Court reserved the decision as to whether or not Koffa's removal is constitutional.
