Monrovia — The Chief Justice of the Supreme Court, Sie-A-Nyene Gyapay Youh, has called for additional security measures to protect all members of the Supreme Court as the court prepares to rule on a contentious bill of information filed by embattled Speaker Fonati Koffa and his allies.
Speaking at the main chamber of the Temple of Justice during the argument on the legislative impasse at the House of Representatives, Chief Justice Youh formally requested that the Ministry of Justice, through the Solicitor General, provide enhanced protection for the justices. "We need protection for every member of the Supreme Court," she said, emphasizing the "evolving risks" faced by Liberia's highest judicial body.
During the session, heated exchanges emerged between the justices and lawyers representing both the Majority and Minority Blocs of the House. At one point, Associate Justice Jamesetta Howard Wolokollie stressed the importance of abiding by the Constitution and proper legislative procedure to avoid chaos.
In response to Cllr. Varney Sherman's defense of the Majority Bloc--which claimed that there was no chaos because the House was being governed by its leaders--Chief Justice Youh retorted, Cllr. Sherman, I wonder whether you would term as chaos when you get up one morning and saw your house on fire? We take judicial notice of the fact that all of Liberians woke up in the early hours and they saw that portion of the Capitol Building was on fire. Counselor, this court of last resort takes judicial notice that the news was everywhere, on foreign news that people were fighting over a space for the speaker and videotaping it, I term it as chaos... Where is the solicitor general? From here, we will need protection from henceforth, protection for every member of the supreme court..." - Sie-A-Nyene Gyapay Yuoh, Chief Justice, Supreme Court of Liberia
The Chief Justice further noted that the ongoing infighting at the House, instances of lawmakers' vehicles being unlawfully broken into, and the mounting public resentment toward the judiciary underscore the urgent need for enhanced security.
During the debate, the Solicitor General was directly addressed by Chief Justice Youh, who demanded, "Where is the Solicitor General? From here, we will need protection for every member of the Supreme Court."
On Wednesday, the full bench of the Supreme Court grilled lawyers of the two parties - Speaker Fonati Koffa and his Minority Bloc members, and the Majority Bloc led by Richard Nagbe Koon. While the justices grilled lawyers from both sides, the highlight of the hearing happened when the Majority Bloc's lawyer, Cllr. Varney Sherman took to the podium to defend his clients and was met with sharp rebuke from the justices. All of his points of defense were rebuked by the justices.
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Cllr. Sherman argued that his group had passed a vote of no confidence in Speaker Koffa and had effectively removed him with a two-thirds majority. However, Chief Justice Youh dismissed this argument, explaining that Liberia's jurisprudence does not recognize a vote of no confidence or the formation of a majority bloc for such purposes. She stressed that, according to Article 33 of the Constitution, a simple majority forms a quorum, but regardless of numbers, the designated Speaker remains in office, while Article 49 states the Speaker is elected every six years and can only be removed for cause by a two-thirds majority of the House.
Justice Yussif D. Kaba also criticized the Majority Bloc's actions, emphasizing that although lawmakers may have the authority to remove a Speaker, they must strictly adhere to the proper constitutional procedures. The justices clarified that, in interpreting Articles 33 and 49, the Legislature cannot override the established process for the removal of a presiding officer.
Although the Supreme Court has reserved its ruling, the justices' opinions align with Justice Yamie Gbeisay's statement in Nimba, asserting that the Majority Bloc acted unconstitutionally in its attempt to remove Speaker Koffa.
With the court's ruling on the bill of information set for a later date, public anticipation remains high as the judiciary seeks to address both procedural and security concerns.
