Liberia: Sherman's Past Haunts Him As He Leads Legal Battle Against Speaker Koffa

Monrovia — Cllr. H. Varney Sherman, the lead counsel for the breakaway bloc of lawmakers seeking to unseat Speaker J. Fonati Koffa over alleged conflicts of interest and corruption, is facing backlash for accusations of engaging in similar practices during his tenure as a Senator for Grand Cape Mount County and a member of the Senate Judiciary Committee.

Sherman, widely regarded as one of Liberia's most seasoned legal minds, in his response to a petition filed by Koffa before the Supreme Court, accused Koffa of breaching constitutional provisions and legislative ethics. The crux of Sherman's argument is that Koffa maintained financial interests in his law firm, International Law Group, LLC, while serving as a legislator. Cllr. Sherman alleges that Koffa's firm retained agreements with state-owned enterprises such as the Liberia Petroleum Refining Company (LPRC) and the Liberia Maritime Authority--relationships Sherman, on behalf of the breakaway group of lawmakers at the House, deems inherently unethical under Article 90 of Liberia's Constitution.

However, as Cllr. Sherman and the breakaway bloc build their case against the Speaker, his critics have been quick to highlight what they see as a glaring contradiction: Sherman's own record as a former Senator. Critics accuse Sherman of engaging in similar conduct by representing major concessionaires like Firestone, Golden Veroleum Liberia, CEMENCO, Western Cluster, among others, while holding public office.

The Sherman-Koffa Legal Showdown

Cllr. Sherman, on behalf of the majority bloc, argues that Cllr. Koffa's actions not only violated constitutional mandates but also eroded public trust in the legislature. By invoking both the Constitution and the House of Representatives' rules against corruption, Cllr. Sherman portrays Koffa's alleged actions as a severe breach of public ethics.

For his part, Koffa has categorically denied the allegations, asserting that he severed ties with his firm upon assuming office. Koffa has also fired back at Sherman, calling his legal challenge a case of "selective moral outrage" and questioning Sherman's own integrity. "This is not about legal principles; it's about political theater," Koffa remarked during a press conference.

Sherman's Controversial Past

Cllr. Sherman's critics argue that his own political and legal career is marred by similar controversies. During his tenure as Senator, Sherman served as legal counsel for numerous high-profile concessionaires, including APM Terminals and Western Cluster. This dual role, critics say, created clear conflicts of interest, particularly as these companies negotiated concessions that directly impacted Liberia's natural resources and economy.

In 2016, Sherman's legal and political career faced a smajor setback when he was implicated in a bribery scandal exposed by Global Witness, an international anti-corruption watchdog. The report alleged that Cllr. Sherman facilitated bribes on behalf of Sable Mining, a British company seeking lucrative mining rights in Liberia. Sherman was arrested and prosecuted but was later acquitted alongside his alleged accomplices, a verdict that many saw as emblematic of Liberia's struggles with judicial accountability.

The Global Witness report was a bombshell, accusing Cllr. Sherman and other officials of receiving bribes to alter Liberia's Public Procurement and Concessions Commission laws in favor of Sable Mining. At the time, President Ellen Johnson Sirleaf established a special task force, led by none other than J. Fonati Koffa, to investigate and prosecute the case. Sherman's defenders argued that the investigation was politically motivated, citing Sherman's opposition to Koffa's nomination as Justice Minister.

Political Intrigue and Public Perception

The legal showdown between Sherman and Koffa has reignited public debate about the ethical standards--or lack thereof--among Liberia's political elite. For many Liberians, the case shows the pervasive culture of conflicts of interest in public office. One commentator noted, "This is not just about Sherman, the breakaway lawmakers or Koffa; it's about a system that allows public officials to prioritize personal and corporate interests over the national good."

Adding to the intrigue is the historical animosity between Sherman and Koffa. During the Global Witness investigation, Koffa vehemently denied allegations that his prosecution of Sherman was politically motivated. "I didn't engineer the Global Witness report," Koffa said at the time. "It was assigned to me as part of my duties, and I acted in the country's best interest."

The Supreme Court, in a writ issued on November 22, 2024, directed the Minister of Justice and members of the House of Representatives involved in the dispute to file their responses by November 26, 2024. It also ordered the majority bloc, led by Montserrado County Representative Richard Koon, to cease all further actions until the matter is resolved.

The leadership crisis deepened on November 21, when the majority bloc controversially convened in the joint chambers of the Legislature, declared the Speaker's seat vacant, and elected Representative Koon as the new Speaker. The bloc cited dissatisfaction with Koffa's leadership, accusing him of ignoring their concerns.

In a swift response, Speaker Koffa dismissed the actions of the majority bloc as unconstitutional and invalid. "Nothing has happened," Koffa declared in a Facebook post, vowing to remain in office. His allies condemned the move, calling it a "mockery of democracy" and a blatant violation of constitutional and legislative norms.

Koffa's legal team filed a petition with the Supreme Court on November 19, 2024, accusing the majority bloc, led by Deputy Speaker Thomas Fallah, of deliberately boycotting plenary sessions to paralyze the House. The petition argues that the boycott violates Article 33 of the Constitution, which requires a quorum for legislative proceedings, including the passage of the 2025 National Budget.

"The respondents' refusal to attend duly convened legislative sessions has impeded the House's ability to perform its constitutional duties, including the enactment of the national budget," the petition reads.

The petitioners requested the Supreme Court to compel the majority bloc to attend plenary sessions and to declare their actions unconstitutional. They further called for an en banc review by the full Bench, given the grave constitutional implications of the crisis.

Meanwhile, some lawmakers who initially supported the resolution to remove Koffa have rescinded their backing, presenting notarized affidavits to withdraw their signatures. These include Representatives Matthew Joe (Grand Bassa), Thomas Goshua (Grand Bassa), Priscilla Cooper (Montserrado), Bintu Massalay (Grand Cape Mount), Rugiyatu Barry (Montserrado), and Luther Collins (Gbarpolu).

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