– A Simple Legal Guide to Understanding “The Capitol Hill Brouhaha”
By Martin K. N. Kollie, Exiled Liberian Activists
This is a simplified version or guide of everything you, The Liberian people, need to understand about what is happening right now. In this legal guide, we tersely stated:
1) The fate of Speaker J. Fonati Koffa amid the ongoing power play;
2) What the law says about removing a Speaker (The Legal Implications); and
3) Where this political crisis may end.
Here are 16 pointers with questions and corresponding answers to consider:
1) What is going on? Liberia has a bicameral Legislature, meaning there are two distinct houses or chambers: the House of Senate (HOS) and the House of Representatives (HOR). One of the Houses, HOR, is in a political crisis.
2) What is the crisis and when did it start? Forty-seven (47) out of 73 representatives signed a resolution between June and October 2024 to remove Speaker Koffa on six (6) counts or charges emphasizing allegations of corruption, conflict of interest, and influence peddling.
3) What does the law say about removing a Speaker? Two bodies of laws spell out what constitutes “The Removal of a Speaker”: Article 49 of the 1986 Constitution says only a resolution of a two-thirds majority of the members of the House can remove the Speaker. Rule 9.1 of the House’s Rules and Procedures says, “…a Speaker may be removed from office for cause by a resolution of a two-thirds majority of the membership of the House.”
4) Can the current anti-Koffa “majority bloc” of 43 Representatives remove Speaker Koffa? No, they can’t. Why? Because they haven’t obtained two-thirds to date. What is two-thirds of 73? Just divide 2 by 3 and then multiply the result by 73. You have 48.6. So, two-thirds means 49 Representatives. But they are only 43. So, they cannot remove Speaker Koffa.
5) But what can they do? They can continue with the official business or session of the House of Representatives. Why and how? Because they have the majority in the context of the simple majority doctrine and under the quorum principle, which underpins the necessity of minimum presence.
6) What is the quorum threshold before any official business can be held, and which law supports this quorum principle? Article 33 of the 1986 Constitution states, “A simple majority of each House shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members.”
7) Can the Speaker compel the attendance of absent members without a quorum? No, he cannot because he presided over just 30 Representatives today who were not allowed to do official business because they did not have a quorum or simple majority amid an ongoing political crisis. This is where the Speaker’s legitimacy is challenged. Without a quorum, the Speaker cannot preside.
8)How many Representatives does Speaker Koffa need to conduct business? According to Article 33, he needs a simple majority. What is a “Simple Majority”? A simple majority of 73 is 37 Representatives. How and why? Just divide 73 by 2. Koffa has just 30. So, he needs 7 more Representatives if he must preside as a speaker or remain the Speaker. Without that 7, there would be no business under him, and he would not have the presiding power or legitimacy as a speaker.
9) Does it mean that the House of Representatives will shut down, which could lead to a potential constitutional crisis or a dissolution of the government, according to Rep. Yekeh Kolubah? No, the HOR won’t shut down, and the government won’t be dissolved, as Rep. Kolubah claimed this afternoon. Why? Because the group opposing Speaker Koffa has more than the simple majority (43) to do business.
10) Can the anti-Koffa bloc do business without Speaker Fonati Koffa and/or Deputy Speaker Thomas Fallah presiding? Yes, they can. How? Let’s go back to the law. Rule 10 of the Rules and Procedures of the HOR says in the absence of the Speaker and the Deputy Speaker, one of the Representatives shall be elected to preside, and such person shall be known as “Speaker Pro-Tempore.” Please read the attachments.
11) What happened a few hours ago in both “chambers” on Capitol Hill? The bloc that controls the simple majority (quorum) carried out “business” and has given the Deputy Speaker an ultimatum to attend the next session or risk expulsion. The potential expulsion of Deputy Speaker Fallah could lead to the election of a “Speaker Pro-Tempore”. Based on legal readings, we are inclined to predict the latter as “highly palpable and probable” on Thursday if Deputy Speaker Thomas Fallah does not attend the anti-Koffa session.
12) Can the pro-Koffa bloc petition the Court to prevent the anti-Koffa bloc from conducting business sessions or compel them to return under Koffa’s gavel? This is highly unlikely due to the doctrine of the Separation of Powers as justified in Article 3 and Article 29 of the 1986 Constitution. The Court, a separate branch of government (e.g., the Judiciary), could be accused of interference or meddling because the situation on Capitol Hill is more political than legal. Any legal petition’s merit and/or rationale to prohibit “The anti-Koffa bloc” from doing business seems thin.
13) What is expected to happen henceforth? The Senate, the Executive, and the Judiciary would watch to see which bloc maintains the majority. In the coming weeks, that majority bloc will eventually be considered legitimate in doing business with based on Article 33 of the Constitution and the Rules of the HOR.
A Caution in lieu of an Advice to Speaker Koffa:
The Speaker can do two things right now to maintain his power and position:
14) Rep. Luther Collins, a member of his bloc, raised a very important allegation of “bribery.” If the pro-Koffa bloc can prove this as soon as possible, the decision to remove him could likely be challenged/overturned in Court because receiving money to remove a Speaker is a serious crime under the laws of Liberia. Why is Bribery a serious crime (a felony)? Section 12.50 of the 1976 Penal Law of Liberia (Title 26, Liberian Codes Revised) makes “Bribery” a second-degree felony. The Speaker could go to Court if he has strong evidence to prove the guilt of those seeking his removal. This is where he has a stronger case.
15) Can the Speaker maintain his power and position another way? If Speaker Koffa does not intend to pursue this “Bribery” claim, his only option is to negotiate through dialogue with his colleagues seeking his removal. If he resorts to threatening and coercive tactics, as in “they must be compelled to come under my gavel,” this could worsen matters. The continued attacks and threats from Rep. Marvin Cole, Rep. Saah Focko, Rep. Kolubah, Rep. Edward Flomo, CDC SG Jefferson Koijee, and other CDC faithful are creating more harm to Koffa than good. Speaker Koffa has to tell them to retreat because they are exacerbating the situation. The HOR is a House of the Majority. As a politician, Koffa can apply his skills of backdoor diplomacy, soft power, and strategic engagements to have a breakthrough. Employing Machiavellian tactics at this point won’t work.
16) Why does he need to do this? There are precedents of past Speakers being removed and compelled to step down through similar resolutions by the majority. Former Speaker Edwin Snowe was ousted in 2007, and former Speaker Alex Tyler was ousted in 2016 by the majority’s resolutions.
Liberia’s system is majoritarian. In any case, the “WILL” of the majority will always prevail. When Article 1 of the Liberian Constitution (Democracy) said, “All powers are inherent in the people,” it referred to the majority. Those powers were transferred to the majority of the 73 Representatives and 30 Senators since our democracy is indirect (e.g. elections in 2023 and 2020 Midterm Senatorial Elections).
Conclusion:
If the Speaker can employ his diplomatic, legal, and political skills to have a breakthrough from 30 to 37 or to cut down the 43 opposing Representatives by 7, he stands a greater chance of maintaining his gavel. Anything on the contrary is likely to see a slip-off of his gavel either through resignation or removal.
We will end here
About The Author: Martin K. N. Kollie is an exiled Liberian activist studying for a master’s degree in law (LL.M.). He obtained his master’s in economics of development.
