Monrovia — The 6th Judicial Circuit Civil Law Court at the Temple of Justice has dismissed a petition for declaratory judgment filed by Embattled House Speaker Jonathan Fonati Koffa and his co-respondents, citing jurisdictional issues.
On Monday, January 27, 2025, Judge George Smith ruled that his court lacks jurisdiction to review the constitutionality and legality of the actions and conduct of members of the House of Representatives. He emphasized that only the Supreme Court of Liberia has the authority to address such matters.
Judge Smith stated, "Assuming this Honorable Court had jurisdiction over the subject matter, which is not the case, would rendering a declaratory judgment resolve the uncertainty or controversy that gave rise to the petition?"
The judge concluded that the answer was no and refused to grant a declaratory judgment, explaining that such a ruling would not resolve the underlying issues.
The case stemmed from a petition filed by Koffa and certain members of the House of Representatives, who sought the court's declaration that rival sessions of the House, presided over by individuals other than Koffa, were illegal.
The petitioners contended that the election of Rep. Richard Nagbe Koon as Speaker of the House of Representatives should be declared null and void, alleging that the process was inconsistent with the House's standing rules and the Constitution.
The petitioners also argued that the removal of Koffa and other officers from their positions violated due process and sought a stay order to uphold their rights to participate in sessions and preside over committees.
In his ruling, Judge Smith underscored that the Civil Law Court had no authority to review decisions of the Supreme Court and that such an action would constitute contempt of the highest court.
He reiterated that the decisions and mandates of the Supreme Court should be strictly enforced by subordinate courts in the interest of justice and the preservation of the integrity and authority of the Supreme Court.
The petitioners had filed the lawsuit on January 14, 2025, accusing Koon and other members of holding parallel sessions without Koffa's presiding role. They also sought a ruling declaring their removal from office as unconstitutional.
In response, Koon and his co-movants filed a motion to dismiss, asserting that as members of the First Branch of government, only the Supreme Court has the authority to determine the legality of their actions.
Not giving up
In a heartfelt appeal to the Justices of the Supreme Court of Liberia, Musa Bililty, the Chairman of the Rule of Law Caucus, has called for a review of a matter recently dismissed by the Civil Law Court.
In response, Bililty took to his Facebook page, urging the Supreme Court to intervene and provide clarity in a matter that he believes is crucial to upholding justice and constitutional principles.
In his open plea, Bililty expressed deep concern over the dismissal, noting that it has left those involved without recourse and without an alternative forum to address their grievances. "We are left in limbo," Bililty wrote. "We turn to you, the Supreme Court, the ultimate custodian of justice in our nation, to ensure that fairness prevails."
Bililty emphasized that his appeal was not meant to challenge the wisdom of previous rulings or question the judiciary's role but rather to highlight the importance of fairness, justice, and equity--core values upon which the Court was established.
He argued that the case transcends legal technicalities and directly affects public confidence in the judiciary.
"If the voices of the people cannot be heard, what does that mean for the rule of law in Liberia?" Bililty continued, warning that dismissing the bill of information could further erode public trust in the justice system.
The Chairman of the Rule of Law Caucus asserted that a hearing before the Supreme Court would not only provide a resolution to the issue but also reaffirm the Court's commitment to the principles of justice and fairness.
He concluded his appeal with a passionate plea: "Justice is all we seek. Justice is all we plead for. It is the foundation of our democracy, and it is the promise we must uphold for every citizen."
Bililty further stated, "In the hands of the Supreme Court, the future of this case--and the trust of the Liberian people in their justice system--rests. The Court's decision to grant a hearing could restore clarity, hope, and faith in a process that many feel has left them disillusioned."