Monrovia – The ongoing wrangling at the House of Representatives where the body held parallel legislative sessions on Thursday has led to the Speaker Alex J. Tyler petition the Supreme Court to prohibit the group calling itself majority lawmakers from holding separate session.
In a petition for Writ of Prohibition filled on August 12 at about 2:26 pm, before Justice-In-Chambers, Jamesetta Wolokollie, under the title-J. Alex Tyler, Speaker of the House of Representatives petitioner versus some members of the House of Representatives led by Deputy Speaker, Hans Barchue, Numene T. H. Bartekwa, Chairman, Munah E. Pelham-Youngblood Secretary, respondent, Speaker Tyler prayed the court to prohibit the lawmakers from presiding in separate session.
Speaker Tyler stated that based on an indictment drawn against him by the Republic of Liberia, the group of lawmakers are claiming that he recuses himself from presiding over the House of Representatives.
“Petitioner says that an indictment is a formal written accusation of a crime, made by a grand jury and presented to a court for prosecution against the accused, and that under our law, a defendant in a criminal action is presumed to be innocent until the contrary is proved”, stated the petition.
The Speaker complained that the respondents have been boycotting legislative sessions on ground that he has been indicted and should therefore recuse himself from presiding as Speaker of the House of Representatives.
“Petitioner submits that the respondents have publicly told Liberians and the world at large that they have signed a resolution seeking to have petitioner J. Alex Tyler recuse himself from presiding over the House of Representatives to be passed upon by the House of Representatives consistent and in keeping with its Standing Rules”, the petition stated.
No Legal provision
Speaker Tyler also declared that there is provision under the Constitution of Liberia and the Rules of the House of Representatives that provides for recusal of an elected officer of the House of Representatives.
“That there is no provision under the constitution and Rules of the House of Representatives providing for recusal of an elected officer of the House of Representatives. What the constitution and the Rules of the House of Representatives provide for is removal of officer or expulsion of members of the House of Representatives”, Speaker Tyler continued in his petition to the Supreme Court.
According to the petition, Speaker Tyler told the court that in an effort to attempt to remove him, respondents on Thursday, August 11, 2016 broke into the Chambers of the Joint Senate and Representatives under the disguise of convening session of the House of Representatives presided over by Deputy Speaker, Barchue during which it was said that the respondents passed a resolution removing him as speaker.
Stated the petition “the conduct of the respondents in illegally and unlawfully convening a meeting in the Joint Chambers of the National Legislature for the purpose of ousting and removing petitioner, J. Alex Tyler from the office of Speaker of the House of Representatives in violation of both the constitution of the Republic of Liberia and the House Standing Rules of the House of Representatives of the Republic of Liberia”.
In further legal argument, the Speaker declared that Article 49 of the 1986 constitution of Liberia provides that the Speaker shall be the presiding officer of the House of Representatives and Rule 4.1 of the Standing Rules of the 53rd Legislature provides that the Speaker shall call the Honorable House of representatives to order at the commencement of each day’s session and proceed to the order of business including presiding over each day’s session.
Furthermore, the petitioner stated that Article 49 of the Constitution of Liberia provides for the election of a Deputy Speaker of the House of Representatives, in which co-respondent Hans Barchue was elected.
Rule 5.1 of the House Standing Rules, Speaker Tyler stated devolves the right on the Deputy Speaker, in the absence of the Speaker, to preside over the sitting of the House of Representatives and exercise all rights and powers assigned to the Speaker.
Good faith petition
Speaker Tyler indicated that his petition was filed to the high court in good faith and not out of vexation or to delay any proceeding or obstruct any legal conduct of respondents.
“wherefore and in view of the foregoing, petitioner prays Your Honor for the issuance of the Alternative Writ of Prohibition against the Respondents as follows: command and order the respondents, as members of the House of Representatives to return to status quo ante, that is, return to the Chambers of the House of Representatives designated for the conduct of all legislative matters and affairs of the House of representatives with petitioner, J. Alex Tyler, the duly elected and recognized speaker of the House of Representatives presiding”, the petition noted.
It continued “prohibit, enjoin and restrain respondents from conducting any legislative affairs, matters or meetings in the Joint Chambers of National Legislature”.
The petitioner further requests the court “Conduct a hearing and thereafter, grant the Preemptory Writ of Prohibition, prohibiting, enjoining and restraining the Respondents from pursuing illegal, unlawful, unconstitutional and irregular procedure, method and process to remove petitioner, J. Alex Tyler from the office of Speaker of the House of Representatives and to conduct legislative matters and business inconsistent with the constitution, laws and standing Rules of the House of Representatives; and the constitution, laws and Standing Rules of the House of Representatives; and grant unto petitioner any other relief as the law, justice, equity and fair play demand in the premises”.
On last Thursday the Capitol Building was tense after members of the House of Representative held separate sessions-one group under the gavel of Speaker Tyler and another under Deputy Speaker Barchue.
For more than a month now the House of Representatives has been engulfed in wrangling with some members calling for the Speaker to recuse himself until and indictment drawn against him by the state is concluded. Supporters of the Speaker say there is no law requiring him to do so.
The Liberia public will be eagerly awaiting the outcome of the Supreme Court decision on the Writ of Prohibition.
It can be recalled that during the 52nd Legislature, former Speaker Edwin M. Snowe also sought legal redress before the Supreme Court when he was ousted by his colleagues, a process that led to the eventual election of Speaker Tyler for the first period of his tenure.
Speaker Tyler who was incumbent was reelected as lawmaker during the 53rd Legislature and later went to get reelected as Speaker defeating Representative Ricks Toweh of Nimba County.