Liberia: Legal Minds, Analysts Say Supreme Court's Absence At President Boakai SONA Was a Response to Majority Bloc's...

Monrovia — The absence of justices from Liberia's Supreme Court at President Joseph Boakai's second State of the Nation Address on Monday became a focal point of national discussion, diverting attention away from the substance of the President's speech.

Selma Lomax, [email protected], Gerald C. Koinyeneh, [email protected]

While Article 58 of the Liberian Constitution mandates that the President report annually to the legislature on the state of the nation, it does not require the judiciary to be represented. Nonetheless, it has been a longstanding tradition for the justices of the Supreme Court to attend this critical event.

Leading up to the address, speculation mounted regarding the possible absence of the justices. Charles Yates, a prominent Liberian journalist, predicted on social media that Chief Justice Sie-A-Nyene G. Yuoh would miss the address.

The Supreme Court later confirmed this, stating that Chief Justice Yuoh was attending the Annual High-Level Meeting of Chief Justices and Presidents of Supreme and Constitutional Courts from Africa and the Middle East in Cairo, Egypt, an event focused on strengthening judicial cooperation between African and Middle Eastern nations.

Despite this official explanation, Darryl Ambrose Nmah Sr., Director of Communications at the Supreme Court, did not clarify whether the other justices would attend. Efforts by FrontPageAfrica to seek further clarification from Nmah were unsuccessful, as calls went unanswered.

'High Court's decision validates Minority Bloc's claim'

The absence of the justices has ignited widespread speculation in political circles, with some suggesting it may be a strategic move to distance the judiciary from the leadership of Richard Koon, the Executive-backed Speaker of the House of Representatives.

One of them with such a view is renowned human rights and constitutional lawyer Cllr. Tiawan Gongloe. Speaking to FrontPage Africa, Cllr. Gongloe said the absence of the justices of the Supreme Court proves the proceedings of the Majority Bloc was unconstitutional, adding if he had been invited, he would have turned down the invitation.

"If I had been invited, I would have not gone because I choose to subscribe to the fact that the majority Bloc has no legitimacy. I would not have gone there. I would have been inconsistent. I still believe that they are lawbreakers; I maintain that," Cllr. Gongloe said.

Koon's election has been controversial due to the way it was conducted, especially the Majority Bloc's failure to secure the necessary votes to oust embattled Speaker Fonati Koffa. Koffa challenged the process in the Supreme Court, which issued a controversial ruling that led both parties to claim victory.

Gongloe, a presidential candidate during the 2023 presidential elections, supported President Boakai in the runoff over incumbent President George Weah. However, he has often expressed his criticism against the Boakai-Koung administration. He criticized the government for endorsing the Majority Bloc despite the Supreme Court calling its decision ultra vires.

"We have to have a country of law. More than 300,000 people died in this country because of lack of respect for the rule of law which is the element of bad governance. I cannot subscribe to illegality. So, that whole thing that happened today is ultra vires or unconstitutional because the speaker that presided has no legitimacy. But the absence of the entire judiciary shows consistency that when an action is unconstitutional they don't appear. As they didn't appear in Virginia, in Snowe's case... It was an illegitimate forum. And that the President recognizing it contravenes his commitment to rule of law."

This year's State of the Nation Address mirrored former President Ellen Johnson Sirleaf's 2007 Annual Message, which took place during a similar period of infighting within the House of Representatives. Eighteen years ago, the Lower House was embroiled in a crisis when Hon. Edwin Melvin Snowe, Liberia's first postwar Speaker, was unlawfully removed by a group of lawmakers identifying themselves as the "Majority Bloc." This group abandoned regular sessions and convened at the Unity Conference Center in Virginia Township, where they began holding their own sessions.

In response, Rep. Snowe and his allies sought redress at the Supreme Court. Under the leadership of the late Chief Justice Johnny Lewis, the Court ruled the Majority Bloc's actions illegal. However, in what appeared to be a rebuff of the Court's decision, President Sirleaf delivered her State of the Nation speech before the fractured Legislature at the Unity Conference Center. Speaker Snowe, his supporters, and several senators boycotted the speech, and the Supreme Court justices were notably absent.

Prior to President Boakai's Annual Message members of the Majority Bloc, reflecting on this historical precedent, called on the Supreme Court Justices to boycott. One of them, Rep. Marvin Cole said that while he cannot dictate the Supreme Court's actions, he expects the justices to follow the "noble example" set by their predecessors 18 years ago by upholding the rule of law over what he termed an "illegal precedent."

Cllr. Gongloe said the Supreme Court followed its predecessors' footsteps. "In the Edwin Snowe case, they (Justices of the Supreme Court) were absent. That in my view is consistent with the views that some of us have expressed that everything is happening ultra vires. The sitting of the House of Representatives is ultra vires; that's how it appears to me because it was said unless the speaker is absent for sickness or for some reasons, then the deputy speaker will preside. It just means that the interpretation that was given by some of us that the so-called Majority bloc was in error is correct."

The debate also drew significant attention on Spoon Talk, with panelists sharing their perspectives on the President's State of the Nation Address.

"The biggest takeaway for me today was the absence of the Supreme Court. I think that sends a strong message to the Boakai administration and members of the Legislature that the Supreme Court will not tolerate the gross disrespect of its authority," said panelist Garmondeh Clinton, Esq.

He further stated, "The gross disrespect for our constitution is evident. I believe the President and his team were both disrespectful and disingenuous to the Liberian people today, given the numerous misrepresentations in the President's speech."

Lead presenter and CEO of the Spoon Network, Stanton Witherspoon, described the President's annual message as disappointing.

"I think the President's State of the Nation Address was a disappointment. It seems people in the country have agreed to lie to President Joseph Nyuma Boakai. Maybe he's not fully in charge," Witherspoon said.

He continued, "It is disappointing, painful, and hurtful to hear the President talk about creating a cyber youth team. How long will it take for people to receive this cyber training? That's not something achieved in a 10-day or 10-week program. It's truly disappointing."

Boakai Addresses Liberia's Economic Struggles Amid Challenges

In his address, President Boakai provided an update on his administration's efforts to tackle Liberia's deep-seated economic challenges, acknowledging the significant obstacles that remain.

He reflected on the achievements of his administration, highlighting progress in key sectors such as infrastructure, agriculture, health, and education, but cautioned that more difficult decisions lie ahead.

"We assumed leadership with a clear agenda, fully aware that the journey ahead would not be easy," Boakai told lawmakers and the public. He outlined the first 100 days of his presidency as a period of action aimed at providing relief to the Liberian people despite limited resources.

The President pointed to improved public sector accountability and significant legislative progress, even in the face of tough economic conditions upon taking office.

When Boakai assumed the presidency, Liberia was grappling with a sharp economic downturn, rising unemployment, inflation, and growing inequality. Economic growth had slowed to 4.6%, inflation had surged to 10.1%, and the country's external reserves were dangerously low.

Boakai emphasized that his administration had taken decisive action to address these issues, including salary increases for health workers, teachers, and police officers, as well as measures to stabilize the economy.

"Before our administration, growth had slowed, inflation had surged, and civil servants were experiencing extreme hardships," Boakai stated.

He pointed to 2024 as a year of steady recovery, with a revised GDP growth rate of 5.1%, driven by key sectors such as mining, agriculture, fisheries, and services. The President also acknowledged the role of international partners like the World Bank and USAID in supporting Liberia's infrastructure and energy development projects.

The reduction of inflation from 10.1% in 2023 to 7.7% by the end of 2024 was presented as one of the administration's key accomplishments, with expectations for further reductions in 2025. Additionally, Boakai noted improvements in Liberia's international reserves and the appreciation of the Liberian dollar against the US dollar.

"These are signs of a more stable economy," Boakai declared, highlighting the reduction in the Central Bank's monetary policy rate from 20% to 17% as a confidence booster for the financial system.

Rule of Caucus' Response

Responding to the President's address, the Rule of Law Caucus, through its Chairman, Musa Bility said the president's 2025 State of the Nation Address, while commendable in its ambitions, falls short in addressing several critical concerns that Liberians continue to face. The Rule of Law Caucus acknowledges the effort to present a comprehensive plan, but the speech raises more questions than it answers.

He said: "The President paints a picture of progress under the ARREST Agenda, but many Liberians still face worsening economic hardship. Rising unemployment, limited access to basic services, and stagnant living standards persist. The claim that Liberia's economy is "in a better place" does not align with the experiences of everyday citizens struggling to put food on their tables."

Criticism of Boakai's Leadership Amid Growing Tensions

In response to Boakai's address, Jefferson Koijee, Secretary-General of the Coalition for Democratic Change (CDC), praised the Supreme Court's decision to skip the event, calling it a critical move to prevent potential constitutional chaos.

Koijee's statement pointed to concerns over the integrity of the leadership, specifically regarding the actions of the controversial election of Koon.

"We extend our sincere gratitude to the Supreme Court for taking decisive action to prevent what could have been a dangerous precedent and preserving the stability of our democracy," Koijee stated, condemning what he termed as Boakai's misunderstanding of governance.

Koijee criticized Boakai for personalizing government roles, suggesting that the president's actions had undermined the integrity of governance.

He also expressed concern over the excessive deployment of police and military personnel at the Capitol Building during the address, interpreting it as a sign of a government losing the confidence of the people.

The CDC leader further lambasted the Boakai administration's failure to address issues within Liberia's security forces, particularly citing figures like Johnny Bolar Dean and Sam Ballah, who had been dismissed for misconduct but were reportedly reinstated to positions of authority.

"The police force, rife with individuals of questionable integrity, reflects poorly on Inspector General Gregory Coleman's leadership," Koijee argued, accusing Coleman of exacerbating dysfunction within the police force through poor leadership and brutality.

Morlu Criticizes Boakai's Record on Corruption, Infrastructure, and Healthcare

Mulbah Morlu, Chairman of the Solidarity and Trust for a New Day (STAND), expressed frustration with Boakai's record, accusing him of betraying public trust through continued corruption and ineptitude.

Morlu criticized the president's claims of progress in combating corruption, arguing that the administration's actions had done little to address systemic issues.

"President Boakai continues to downplay the severity of corruption, asking the public to recognize supposed 'progress' when, in fact, no significant progress has been made," Morlu said, condemning the government's failure to prosecute corrupt officials.

He highlighted the growing gap between the administration's promises and the reality faced by ordinary Liberians, particularly in sectors like healthcare and road infrastructure.

Morlu also criticized Boakai's claims regarding road improvements, adding that many areas across Liberia remain plagued by impassable roads, particularly in rural regions. In counties such as Bong, Lofa, and Nimba, vehicles continue to get stuck in mud, and public transportation remains unreliable, Morlu said.

Morlu described Boakai's "Yellow Machine" initiative as a failure, with inadequate repairs and incomplete projects failing to deliver on promised improvements.

Additionally, Boakai's claims about healthcare improvements were labeled as misleading by Morlu. Morlu pointed to the dire conditions at Liberia's flagship hospital, JFK, where essential medicines are often in short supply, and healthcare workers must use their personal resources to meet basic needs.

"JFK has become a place of despair, where poor people go only to die," said one critic, highlighting the severe challenges facing Liberia's healthcare system.

"While the president fabricates stories of growth, ordinary Liberians are battling unprecedented financial hardship," said Morlu, emphasizing the disconnect between Boakai's rhetoric and the harsh reality experienced by the majority of the population.

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