In a letter dated November 16, 2024, the Speaker of the House of Representatives of Liberia, J. Fonati Koffa, addressed the ongoing parliamentary conflict by formally responding to the ECOWAS Parliament through Rt. Hon. Hadja Memounatou Ibrahima, Speaker of the ECOWAS Parliament.
The response was conveyed via the Amb office. Josephine Nkrumah, ECOWAS Country Representative in Monrovia, outlined critical points regarding the current deadlock within the Liberian legislature and highlighted constitutional interpretations at the heart of the contention.
The letter reaffirmed the Leadership’s endorsement of the six-point proposal developed under the auspices of ECOWAS as a viable path to resolving the parliamentary crisis. The proposal, seen as a balanced approach by the House leadership, was aimed at ending the legislative impasse swiftly. “We are committed to its full implementation,” the Speaker emphasized, underlining the concessions already made by the House’s leadership to facilitate a resolution.
Dispute over Constitutional Interpretation and Legislative Authority:
The speaker addressed an essential point of contention: the action taken by the ‘Majority Bloc’ of legislators. Speaker Koffa underscored that the ‘Majority Bloc’ session lacked constitutional legitimacy. Article 49 of the Liberian Constitution explicitly states that the House of Representatives shall elect a Speaker who presides over the chamber every six years. The Speaker’s letter stressed that the Constitution does not provide any concurrent jurisdiction allowing a Deputy Speaker to preside in the presence of the Speaker.
“It is unconstitutional for a Deputy Speaker to preside when the Speaker is present and available,” the Speaker noted, emphasizing that such practices could set a dangerous precedent where any group of lawmakers, if in the majority, could bypass constitutional protocol and act independently. According to the Speaker, this would undermine the established legislative framework and erode constitutional governance.
Further in the letter, Speaker Fonati Koffa referenced the Supreme Court’s handling of the matter, clarifying that the Court’s Justice in Chamber had declined to issue a writ prohibiting the removal of the Speaker. This decision followed a representation from the ‘Majority Bloc’ asserting that their actions were not aimed at ousting the Speaker but instead involved submitting a formal complaint. The Speaker stressed that while the Justice in Chamber’s ruling refrained from acknowledging the legitimacy of the ‘Majority Bloc’, it did not provide constitutional validation for their actions either.
Speaker Fonati Koffa pointed out that constitutional interpretations of such gravity require a ruling from the full bench of the Supreme Court, not just the Justice in the Chamber. He highlighted the importance of respecting long-standing judicial procedures and precedents in constitutional interpretation matters.
Concluding the letter, Speaker Fonati Koffa called on the ‘Majority Bloc’ to revert to the six-point ECOWAS-negotiated proposal. He advocated for a return to the status quo ante, urging his colleagues to put the national interest first and restore stability within the House to benefit the Liberian people. Additionally, the Speaker reiterated that any legislative session should be conducted in the designated chambers of the new House Annex within the Capitol Building unless the Plenary decides otherwise.
The response from the House Leadership underscores a strong commitment to constitutional order and collaborative problem-solving. Speaker Fonati Koffa expressed hope that the ‘Majority Bloc’ will seize this opportunity to end the current impasse and refocus legislative efforts on national priorities.
The message delivered by the Speaker conveyed a blend of resolve and readiness to engage in dialogue, emphasizing that “surplus age does not vitiate,” a subtle reminder that excessive or unwarranted actions cannot alter the foundational principles of the House’s operation. The appeal seeks to unify the House under a common cause, placing the nation’s interests above individual or bloc-driven motives.
