The Supreme Court of Liberia has issued a landmark ruling addressing the constitutional crisis within the House of Representatives. Delivered on December 6, 2024, the judgment invalidated actions taken by House members that contravened constitutional provisions, underscoring the court’s role as the ultimate arbiter of constitutional disputes.
The case, titled The Unconstitutionality of Several Actions Taken by Certain Members of the House of Representatives, brought together prominent legal practitioners, including Counsellors James E. Pierre and Arthur Tamba Johnson for the petitioners, and Counsellors G. Varney Sherman, Sr. and Garrison D. Yealue, Jr. for the respondents. The Ministry of Justice also participated, represented by Solicitor General Augustine C. Fayiah and Assistant Ministers Jerry D. K. Garlawolu and Joel Smith.
Chief Justice Sie-A-Nyene G. Yuoh, along with Associate Justices Jamesetta H. Wolokolie, Yussif D. Kaba, Yamie Quiqui Gbeisay, Sr., and Ceaineh D. Clinton Johnson, delivered a unanimous judgment emphasizing the court’s mandate under Article 66 of the Constitution.
The court’s decision reaffirmed that actions taken outside the framework of Articles 33 and 49 of the Constitution, including those bypassing established legislative protocols, are unconstitutional and invalid. However, it acknowledged the judiciary’s limitations, stressing that it cannot assume legislative functions or create enforcement mechanisms for attendance and quorum.
“The Constitution must be interpreted as a whole, harmonizing its provisions to preserve its integrity,” the judgment read. While Article 33 outlines the Speaker’s role in presiding over sessions, the court noted that it provides no mechanism for compelling attendance.
The court urged lawmakers to act within constitutional bounds and develop statutes to address procedural gaps. By declaring actions conducted outside constitutional authority as ultra vires, the ruling serves as a precedent reinforcing the separation of powers and the autonomy of each branch of government.
Legal analysts have hailed the judgment for its clarity, though it leaves the Legislature with the challenge of resolving its internal crisis. Members of the House are now tasked with bridging divides and ensuring adherence to constitutional principles to restore public confidence in governance.
As the nation absorbs the ruling’s implications, the question remains: Will Liberia’s lawmakers rise to the occasion and uphold the Constitution, or will internal discord continue to undermine legislative functions?
