Judge George Wah-Harris Smith has denied a petition for Declaratory Judgment filed by embattled House Speaker Cllr Fonati Koffa over his illegal removal and other illegal actions carried out by members of the Majority Bloc of the House of Representatives,
Prior to the Judge's decision, he was reportedly threatened with impeachment from his position while he also received death threats against members of his family and destruction of his properties if he was to hear and pass judgement in the petition Koffa and his minority bloc.
He made the disclosure on Monday, January 27, before dismissing Koffa's petition
"Those threats by anonymous individuals that they will kill me and members of my family, and burn down our properties if I were to hear this case are examples of the burden that runs with the judgeship," he said.
Despite these challenges, Judge Smith affirmed his commitment to fulfilling his judicial responsibilities without intimidation.
"No amount of threat will stop me from performing my constitutional and statutory functions and duties. So help me God," he prayed.
Judge Smith dismissed Koffa's petition citing that similar issues had already been addressed by the Supreme Court. He pointed out that the Supreme Court had previously ruled on the constitutionality of Cllr. Koffa's removal from office and subsequent replacement.
He made it clear that similar arguments in the petition had already been decided by the Supreme Court; as such, he cannot review or interfere with matter that the Supreme Court has passed a judgement on,
On December 6, 2024, the Supreme Court rendered an Opinion and Judgment on the constitutionality of the majority bloc of the House of Representatives decision to unseat Cllr. Koffa, and subsequently replaced him with Richard Koon.
On December 12, about six (6) days after the Supreme Court rendered its Opinion and Judgment on the constitutionality matter, Koffa's group filed a Bill of Information with the High Court, to which was attached an Opinion of the Minister of Justice and Attorney General, dated December 10, 2024, on how the Supreme Court's Opinion of December 6, 2024 affects the process of approval of the 2025 Budget by the Legislature.
Additionally, Judge Smith highlighted that the attachment of the Bill of Information to the Declaratory Judgment petition presented challenges in his court's jurisdiction.
He wondered that the very compliant the Supreme Court had ruled on, which carries similar averments of fact and statements of law contained in the Petition for Declaratory Judgment, "this Honorable Court lacks jurisdiction to entertain the aforesaid Petition for Declaratory Judgment as to do so would be tantamount to a review of the Supreme Court's Opinion and Judgment; which is not permissible under the law."
According to Smith, his court, the Civil Law Court, is subordinate to the Supreme Court, and he cannot review or interfere with a matter that the High Court has passed upon only because the Koffa's faction have captioned the Declaratory Judgment to the Supreme Court's ruling. Smith noted that even if his court were to have jurisdiction of the subject matter in these proceedings, of course which is not the case; "would a rendition of declaratory judgment terminate the uncertainty or controversy giving rise to the petition for Declaratory Judgment?"
"This Court thinks the answer is NO and, therefore, this Honorable Court would refuse to render or enter a declaratory judgment where such judgment, if rendered, would not terminate the uncertainty or controversy giving rise to these proceedings," the Judge said.