Legislative experts often describe the inability of a Legislature to conduct business due to the lack of quorum as ‘inoperable’. Such is the case with the pro-Speaker bloc as the number remains fixed at 30 members. The session was adjourned for the second day in a row by embattled Speaker J. Fonati Koffa.
The failure of Speaker Koffa to have at least 37 members under his gavel appears to be weakening his legitimacy as yesterday’s session suggested that he is poised to seek legal redress at the Supreme Court of Liberia. Meanwhile, the anti-Speaker bloc continues to enjoy more than a simple majority which is required to conduct official business according to Article 33 of the Constitution.
On Thursday, October 24, the Pro-Koffa Speakership bloc, believed to be known as the legitimate authority failed to conduct business once more.
It appears like the embattled Speaker Cllr. J. Fonati Koffa has finally reached the point of using the legal system to resolve the current internal split in the House of Representatives.
Speaker Koffa believes the best way to resolve the matter is to make use of the legal system, thereby opting to file a petition to the Supreme Court of Liberia to compel those who are opposing him to return under his gavel.
Currently, the Pro-Koffa session is unable to meet a quorum to have a session.
The opposing side constituting 43 members has the numbers and meets quorum as per the constitution, but is unnumbered to remove the speaker as the constitution requires 49.
The coming days or months could see the Supreme Court’s Opinion or ruling on the matter.
Meanwhile, the embattled Speaker of the House of Representatives, J. Fonati Koffa, has described the status of recent legislative gatherings, iterating that no meeting involving lawmakers is official without the participation of the Speaker or Deputy Speaker.
“Any other assembly or activities that occur in and out of the Capitol Building involving members of the legislature without me or the Deputy Speaker is a mere gathering,” Koffa stated during an interview with journalists at his Capitol Hill office on Wednesday, October 23, 2024.
Koffa’s comments come amid heightened tensions in the House following a recent division among lawmakers. On Tuesday, October 22, 2024, 43 members of the House, led by Representative Samuel Kogar, convened a separate session in the Joint Chamber, while Speaker Koffa and 29 other lawmakers gathered in the main chamber. The majority bloc, without Koffa’s participation, issued a 48-hour ultimatum to Deputy Speaker Thomas Fallah and Chief Clerk Mildred Siryon, threatening to declare Fallah’s seat vacant if they failed to appear.
Koffa dismissed the notion that these assemblies carry legislative weight. When asked about the legality of the separate session, he responded, “Session membership is under the gavel of the Speaker or, in his absence, the Deputy Speaker.” He referred to the gathering led by Representative Kogar as a mere exercise of freedom of association and nothing more. Koffa also emphasized that any decision made without proper leadership participation is invalid under the rules of the legislature.
The Speaker’s remarks were also in response to questions about potential Supreme Court involvement if the legislature continues to be divided and fails to meet quorum for five successive sessions. “Where is the five times in the law? None,” Koffa remarked, refuting the claim that such provisions exist in Liberia’s 1986 Constitution. He went on to explain that legislative procedures allow for the House to adjourn when a quorum is not met and to compel attendance if necessary. “We can adjourn, and we can compel,” he said, noting that the Speaker or Deputy Speaker holds leadership authority, not the majority bloc in their absence.
Despite these challenges, Speaker Koffa’s session on Tuesday was adjourned due to the failure to meet the required quorum of 37 members. He directed the Chief Clerk to notify the absent lawmakers to attend the next session, scheduled for Thursday, October 24, 2024. When asked about potential consequences if the majority bloc fails to attend future sessions, Koffa acknowledged the possibility of escalating the matter to the Supreme Court.
The internal conflict within the House of Representatives, Koffa admitted, may have been aggravated by his leadership style. “I acknowledge that we adopted a laissez-faire approach to leadership to allow more interactions and a decentralized form of decision-making, and that, perhaps, did not go well. I take responsibility for that,” he stated, reflecting on how his approach may have contributed to the current discord.
Additionally, Koffa addressed accusations leveled against him, including allegations of conflicts of interest with a company called TIA. While acknowledging his relationship with the company’s owners, he firmly denied any interference in their dealings with the legislature. “They are my friends,” Koffa said. “No one can give you one time that I called them to interfere on behalf of TIA.”
Speaking on the resolution raised by some lawmakers seeking to unseat him, Koffa expressed disappointment in the content, which he described as poorly researched and lacking substance. “I think the counts that were written were not well-researched… It was more of an attention-getter, and that’s what I was disappointed in,” Koffa remarked. He noted that the real concerns raised by lawmakers privately had to do with committee assignments and interactions, which were not reflected in the resolution.
Despite the divisions, Speaker Koffa called for reconciliation within the House of Representatives. He revealed that he had consulted with Vice President Jeremiah Koung about the ongoing political conflict and expressed hope for a resolution that would heal the rift and enable the chamber to move forward.
Koffa concluded by firmly rejecting any notion of resignation. “That is not possible; resignation is not an option for us,” he asserted, as he continued to navigate the complexities of leadership amid mounting challenges within the legislature.
