“While the LNBA notes the April 23, 2025 Court’s opinion as a testament to the Court’s role in interpreting constitutional matters, the Bar respectfully disagrees with several key elements of the ruling,” Cllr. Bornor M. Varmah, President, LNBA.
Monrovia, Liberia- The Liberian National Bar Association (LNBA) has strongly criticized the Supreme Court of Liberia’s recent ruling in favor of Speaker J. Fonati Koffa’s Amended Bill of Information, warning that the decision sets a dangerous precedent for constitutional governance and the doctrine of separation of powers.
In a detailed press statement issued on April 29, 2025, the LNBA acknowledged the authority of the Supreme Court as the final arbiter of constitutional matters but expressed deep concern over what it termed as “judicial overreach” into legislative affairs, particularly regarding the leadership dispute in the House of Representatives.
At the heart of the controversy is the Supreme Court’s April 23, 2025 Opinion and Judgment, which declared that any sittings or actions by members of the House of Representatives excluding Speaker Koffa, while he is present and available, are unconstitutional.
The ruling effectively nullified recent decisions and proceedings made by the Majority Bloc in the House and raised questions about the legitimacy of the 2025 National Budget passed during that period.
Bar Disputes Court’s Use of Bill of Information
The LNBA, through it National President Cllr. Bono Varmah argued that while the use of a Bill of Information is valid for clarifying judgments, the Court’s action went beyond clarification and amounted to the issuance of a new, substantive opinion.
He maintained that the December 6, 2024 ruling lacked a specific mandate that could be the subject of a Bill of Information, and criticized the Court for what it described as “re-litigation” under the guise of clarification.
“This expansion risks inflating the Bill of Information into a de facto remedial tool,” the LNBA noted, warning that such a shift could lead political actors to bypass proper constitutional mechanisms in favor of judicial shortcuts.
Political Question Doctrine Invoked
The LNBA further invoked the Political Question Doctrine, arguing that the leadership dispute in the House is fundamentally a political issue that should be resolved internally by lawmakers through dialogue and consensus.
It stressed that matters such as the election and removal of the Speaker fall squarely within the legislative domain as outlined in Article 49 of the 1986 Constitution.
“The Court’s decision constitutes judicial overreach into matters exclusively reserved for the House of Representatives,” the Bar said, adding that the ruling undermines the separation of powers, a foundational principle of Liberia’s republican system.
Potential Crisis over Budget Legitimacy
The LNBA also raised alarms over the possible implications of the ruling, including the legal status of the 2025 National Budget.
If the sessions held by the Majority Bloc are deemed illegal, the Bar argued, and then all decisions and expenditures stemming from those sessions, including salary disbursements and government payments, could also be considered illegal, potentially leading to a crisis in governance.
“This could disrupt government operations and undermine the credibility of the State,” the statement read. “Some might liken this to criminal subversion of the Government.”
Call for Mediation and Constitutional Clarity
In an effort to restore stability, the LNBA recommended the creation of an Independent Mediation Committee composed of respected national figures, including former Chief Justices, religious leaders, civil society representatives, and the LNBA leadership.
This committee would facilitate dialogue among rival factions in the House and seek a peaceful resolution to the ongoing impasse.
The Bar concluded by reaffirming its commitment to the rule of law, justice, and constitutional order, while urging all branches of government to respect institutional boundaries and work collaboratively to safeguard Liberia’s democracy.
