Monrovia – To understand what is unfolding in the Lower House of Liberia’s National Legislature, it is important to take into consideration, the rules and procedures of the body to fully grasp the magnitude of what unfolded Tuesday.
Report by Rodney D. Sieh, [email protected]
A total of 39 members of the Lower House dubbed the anti-Speaker Alex Tyler bloc called a news conference to read a statement in which they are calling on the embattled head of the body to recuse himself from proceedings.
Speaker Tyler is one of several current and former government officials linked to the Global Witness Bribery saga.
The report dubbed the Deceivers reported that on August 25, 2010, Tyler, received US$75,000 in a bid to push a Sable Mining-friendly legislation through parliament”.
The GW uncovered over US$950,000 in bribes and other suspicious payments by UK mining firm Sable Mining and its Liberian lawyer, Varney Sherman.
The report showed how in 2010 Sable hired Varney Sherman, Liberia’s best-connected lawyer and current Chairman of President Ellen Johnson Sirleaf’s Unity Party, in an effort to secure one of Liberia’s last large mining assets, the Wologizi iron ore concession in northern Liberia.
Sherman, according to the report, told Sable that in order to obtain the contract the company must first get Liberia’s concessions law changed by bribing senior officials.
On Tuesday, members of a bloc looking to keep Speaker Tyler away from legislative proceedings pending the completion of his legal woes appeared in a united front to show the strength of their votes ahead of Thursday’s crucial target to oust the embattled Speaker.
Tyler Has Lost His Legitimacy, Bloc Says
Representative Munah Pelham Youngblood (CDC, District 9), Montserrado County, reading a statement on behalf of her peers said it was time patriotism to upset patronage.
“When, in the course of human events, a nation stands at crossroads in political and democratic governance as enshrined in our constitution as a free people, it becomes incumbent on the people’s representatives to choose country over comrades, patriotism over patronage, and the rule of law over the rule of men, and join together to save the sacred institutions which are the basic building blocks of our democracy, continued peace and long hope for prosperity.
Pelham said it had become clear that Speaker Tyler had lost the legitimacy and popular consent to preside over the House of Representatives having being indicted and charged by the State with one or more criminal offenses arising out of his use and manipulation of his gavel for his personal and pecuniary aggrandizement and further engaging in acts to divide the Honourable members to shield himself from legal process.”
Removal Redux
This is not the first time that the body has sought to remove its leader.
Then Speaker Edwin Melvin Snowe was removed from his position as Speaker in January 2007 following a vote-of-no-confidence but the Supreme Court ruled a few days later that he be reinstated, pending an appeal.
At the time, Snowe argued that the no-confidence vote was illegal and alleged that some votes against him were obtained through bribery and that the vote was not legitimate because it did not occur in a city, as required by the constitution.
The Supreme Court agreed, ruling on January 29, 2007, in Snowe’s favour, describing his removal as unconstitutional. Despite the court’s ruling, his peers pressed on with their quest to remove him and on February 15, 2007, Snowe stepped down as Speaker.
This time around, it is Snowe’s successor, Tyler who is facing removal.
Rule 9 of the guidelines regarding Removal/Expulsion states: The Speaker Deputy Speaker and other Officers of the House, may be removed from office for cause by a resolution of a two-thirds majority of the member of the House. Rule 9.2 States: “A member may be expelled from the House for cause by a resolution of a two-thirds majority of the members of the House.”
Tide Swaying Against Tyler
Those looking to oust the Speaker believe that they have the numbers. But even as Rep. Youngblood read the list of 39 lawmakers on the books to have the Speaker recused himself, uncertainty hung over the process.
The list include Representatives: Numene Bartekwa (MPC, District 2, Grand Kru County), Emmanuel Nuquay(UP, Margibi, District 5), Munah E. Pelham-Youngblood (CDC, District 9, Montserrado County), Samuel Korgar(NUDP, District 5, Nimba), Thomas Fallah (CDC, District 5, Montserrado County, Acarous Gray (CDC, District 8, Montserrado County), Edwin M. Snowe (UP, District 6, Montserado County), Julius Berrian (CDC, District 10, Montserrado County), Morais Waylee(UP, District 2, Grand Gedeh) and Samuel Woleh(NUDP, District 3, Nimba).
Others include: Richmond Anderson (LP, District 12, Montserrado County), Corpu Barclay (UP, District 7, Bong), Adolph Lawrence (Ind. District 15, Montserrado County), Christian Chea (UP, District 2, River Gee), Johnson Chea (NDC, District 1, River Gee), Saah Joseph (CDC, District 13, Montserrado), Roland Cooper(LP, District 1, Margibi), Worlea Dunah (UP, District 7, Nimba), Henry Fahnbulleh (UP, District 4, Montserrado), Edward Forh (CDC, District 16, Montserrado), Josephine Francis (UP, District 1, Montserrado), Stephen Kafi (Ind., District 3, Margibi), Jefferson Kanmoh(APD, District 1, Sinoe), Edward Karfia (NDC, District 5, Bong), Mary Karwor (UP, District 2, Grand Bassa), Jeremiah Koung (NUDP, District 1, Nimba), Eugene Kparkar(LP, District 1, Lofa), Getrude Lamin (UP, District 3, Gbarpolu), Jeremiah MccCauley (NUDP, District 1, Nimba), Prince Moye(UP, District 2, Bong), George Mulbah(NPP, District 3, Bong) and Tokpah Mulbah (CDC, District 1, Bong).
Robertson Siaway (APD, Grand Bassa, District 5), Gabriel Smith (Ind, District 3, Grand Bassa), Richard Tingban(Ind. District 9, Nimba), Ricks Toweh (NUDP, District 6, Nimba), Bill Twehway(UP, District 3, Montserrado), Ballah Zayzay (UP, District 2, Margibi) and Byron Brown (LP, District 4, Grand Bassa) were listed as lawmakers who signed the resolution.
But Toweh, the Nimba lawmaker issued a statement Tuesday, rescinding his earlier vote to have the Speaker recused.
Removal vs. Recusal: Debate Lost in Translation
In his communication to his colleagues Tuesday, during the 50th day Sitting, Rep. Toweh said his decision to annul his signature from the resolution is owing to the impious intention of the Speaker’s removal instead of his recusal, which was the original intention.
“At that time, it was our considered opinion that the issue of indictment of the Speaker jeopardized the integrity of the Honourable House; hence the Legislature as the First Branch of the Government, for which our signatures were affixed on a document to ensure his recusal,” Rep. Toweh wrote.
Toweh accused some of his colleagues pressing for Tyler’s removal of trekking a different path from the original plan.
“Where is the source of reliance for this action? Has the Hon Speaker been found guilty by a court of competent jurisdiction?
Let us consider Articles 20(a) and 21 (a) of the 1986 constitution of the Republic of Liberia and take note that the burden of proof lies on the accuser.”
Rep. Toweh added: “In view of all I have said supra, and by my profession as an Attorney at Law, I still uphold the leadership of Hon. Atty. J. Alex Tyler, Sr. as Speaker of the Honorable House of Representatives, 53rd Legislature, Republic of Liberia until proven guilty.”
On Tuesday, the Facebook page of the national legislature claimed that Toweh’s decision to rescind brought to four, the number of lawmakers shifting to the Speaker’s corner.
The page claimed that Grand Gedeh County District #2 Representative Morias T. Waylee, Nimba County District # 3 Representative Samuel G.Z. Woleh and Montserrado County Districts # 12 and 13 Representatives, Richmond Anderson and Saah Joseph respectively have all withdrawn their signatures.
But Anderson, in a phone call with FrontPageAfrica late Tuesday clarified that he has not shifted his position but explained that he favours the Speaker recusing himself from the proceedings pending the completion of the investigation into the Global Witness bribery allegations.
Said Rep. Anderson: “I won election through the Liberty Party and it is the position of the party’s caucus that Speaker Tyler recuse himself from the proceedings and that is my position and I stand by that but I do not favour removing him as Speaker.”
It is the same view held by Rep. Joseph who favours recusal over removal.
“I have made my position clear; I have repeatedly said I am following my Party’s position. The CDC Executive committee has made its decision on this matter and that is for all CDC lawmakers to return to status quo ante and that is my position. I was in session today I am not part of any removal plot.”
It is view Rep. Pelham trumpeted during an appearance on state radio, the Bumper Show Tuesday, that she has no intention of dismissing her party’s position which is the recusal but not removal of Speaker Tyler.
The issue of removal versus recusal has put the saga in a state of confusion regarding whether the anti-Tyler faction has sufficient votes to recuse, not remove the Speaker from the proceedings.
On both sides of the aisle, the intrigue surrounding Speaker Tyler’s dilemma will have some closure Thursday.
But if Tuesday’s drama is anything to go by, legislative watchers will be keen to see whether Speaker Tyler has seen his last days at the helm of the influential body he has ruled for the past eight years.
Already, those looking to remove Tyler appeared upset that pro-Tyler supporters booed and jeered them as they read their statement Tuesday, prompting a request for Police intervention.
The saga has also been hampered by issues of legitimacy with Tyler supporters accusing those plotting his ouster of violating house rules.
Chapter 6 regarding Quorum and Commencement of Business schedule notes that: “A quorum shall consist of a simple majority of the members of the Honourable House of Representatives. Quorum shall be Necessary for the transaction of business.
However, a minority may meet from day to day Meetings at which a quorum is not present, only a motion to compel the attendance of absent members or to adjourn may be made.
For those advocating for Tyler’s recusal, the criminal indictment hovering over the Speaker, has brought the entire House of Representatives to public disrepute and undermines the office of the Speaker as the presiding officer and the 3rd person in succession to the presidency of our beloved Country.
The bloc went to say that the Speaker, in his attempt to thwart justice, embarked on a course of action and series of actions with the intend to divide this august body forcing submission of its members to bend to his personal will and interest in a form a fashion no institution should yield to, and which undermines the unity and legislative cohesiveness necessary to carry on the peoples’ business paramount among which is socio-economic wellbeing of the Liberian people.
That the Speaker, consistent with his politics of divide and rule has engaged in machinations which has brought the business of the House into standstill in a desperate attempt to hold on to the gavel and which has resulted into at least one rebuke of unlawful attempt to conduct business without a quorum from the Honourable Supreme Court and threatens to bring further legal action as he has continued to conduct business and issue edicts with less than the constitutional prescribed simple majority.
For the immediate future, Speaker Tyler appears to have lost the numbers game and will likely lose his fight to recuse himself from the proceedings of the lower house while at the same time appearing in court daily to fight off allegations of bribery as alleged in the Global Witness report.
For the foreseeable future however, the legal wrangle clouding the Speaker’s reign could be the ultimate decider of his fate against a widening sea of uncertainty over the illegitimacy of his reign as the third in line of succession to the Liberian presidency.