Monrovia – The Capitol Building was Thursday a scene of interesting happenings as members of the House of Representatives conducted separate sessions.
Report by Henry Karmo – [email protected]
“Legitimacy depends on the number, so we have the number and the Senate will do business with us. If the Chief Clerk does not turn out and there is no genuine excuse, he will be dealt with. You can even go on Broad Street, once it is within the confines of the City of Monrovia, it will be deemed legitimate.
We were within the confines of Monrovia and within the same building”- Representative Gabriel B. Smith, Liberty Party, Electoral District 3, Grand Bassa County.
The huge presence of Police officers from both the Emergency Response Unit (ERU) and the Police Support Unit (PSU) of the Liberian National police further added weight to the events of the day as the police searched every individual that entered the compound.
As unusual people trekked to the Capitol Building after it was broadcast on the media that Police officers have taken over the premises of the building. The officers were assigned at each entrance to the wing of the building.
Many of the pro Tyler lawmakers who had gone earlier to attend session were shock to see the heavy presence of the Police. Some in interviews said, despite the strange presence of the police it was a good idea for state security to be assigned to protect lawmakers in the wake of the controversies that have overshadowed the workings of the House of Representatives in recent weeks.
Over the past weeks the two groups, (Pro and Anti Tyler) have been claiming that they have the numbers. The anti-Tyler lawmakers are calling for the recusal of the speaker from presiding in the wake of an indictment against him for his alleged role in a bribery saga as reported by the Global Witness.
Unlike the Anti-Tyler, the Pro-Tyler group believes the embattled speaker has done nothing wrong. They are also boasting of having the majority on their side.
Pro Tyler session
On Thursday August 11, 2016 the pro Tyler bloc conducted regular session with 34 members present and three distance according to their record.
During the session a letter from Representative Larry Nyounquoi asked Plenary (Under Tyler) of the House of Representatives to invite the management of the state owned media House the Liberia Broadcasting System (LBS) to appear before plenary to show reason for what he described as partial broadcast of the legislature in the mix of the ongoing conflict.
A unanimous vote was taken by lawmakers mandating the Chief Clerk to invite the management of LBS.
Anti-Tyler Session
Like the Pro Tyler the Anti-Tyler bloc had a separate session in the joint chambers of the Capitol Building where a roll call also showed 34 members present with 3 distance and 36 absent. Unlike the roll call record a resolution calling for the recusal of the embattled Tyler showed 40 signatures even though some of the signatures are that of Representatives Saah Joseph, Morais Waylee, Samuel Woleh and Ricks Toweh all of whom have said, they have withdrawn their signatures from the resolution.
Surprisingly, Representatives Gabriel Nyankan who has been one of the strong voices for the Pro-Tyler camp was listed as one of the lawmakers that signed the anti-Tyler resolution. Also Representative Toweh of Nimba County was in both sessions and even voted on the resolution to have the speaker recue himself.
Despite the absence of the Chief Clerk and the Sergeant-At-Arms both of whom are charged with the responsibilities to conduct session and maintain rule and order the anti-Tyler bloc went ahead to appoint the Chief of Office Staff from the office of the deputy speaker’s office and another staff from the office of another Anti-Tyler lawmaker to perform the roles of the two essential staffers.
On the list of the 40 Lawmakers ant-Tyler include: Numene Bartekwa (chairman of the bloc), Emmanuel Nuquay, Munah E. Pelham-Youngblood, Samuel Korgar, Thomas Fallah, Acarous Gray, Edwin M. Snowe, Julius Berrian, Morais Waylee and Samuel Woleh.
Others include Richmond Anderson, Corpu Barclay, Adolph Lawrence, Christian Chea, Johnson Chea, Saah Joseph, Roland Cooper, Worlea Dunah, Henry Fahnbulleh, Edward Forh, Josephine Francis, Stephen Kafi, Jefferson Kanmoh, Edward Karfia, Mary Karwor, Jeremiah Koung, Eugene Kparkar, Gertrude Lamin, Jeremiah McCauley, Prince Moye, George Mulbah, Tokpah Mulbah, Robertson Siaway, Gabriel Smith, Richard Tingban, Ricks Toweh, Bill Twehway, Ballah Zayzay and Byron Brown.
On Tuesday, August 9, 2016, a communication from Representative Toweh of Nimba County stated his position to withdraw his signature from the resolution, calling on his colleagues to be pragmatic, realistic and objective.
Toweh’s Communication stated: “At that time, it was our considered opinion that the issue of indictment of Speaker Tyler jeopardized the integrity of the Honorable House; hence the legislature as the first Branch of Government, for which our signature were affixed on a document to ensure his recusal.
“However, some of our colleagues are trekking a different path, by opting for the ultimate removal of the Speaker. Where is the source of reliance? Let us consider Articles 20(a) and 21(a) of the 1986 constitution of the Republic of Liberia and take note that burden of proof lies on the accuser.”
Fooled to sign
For his part, Representative Worleh, who has been struggling with illness, said he was misled by another Nimba lawmaker, Representative Samuel Korgar whom he considers a smaller brother.
According to Representative Worleh, his colleague told him to sign the resolution, telling him it was an Independence Day bonus from President Ellen Johnson Sirleaf.
In the resolution with 40 signatures, it stated “We hereby agreed that speaker Tyler is morally unfit to head the House of Representative and call on the other branches of Government not to do business with him”, the Anti-Tyler said.
Among many things, the Anti-Tyler group claimed that Speaker Tyler has 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 Honorable House of Representatives to shield himself from the legal proceedings against him.
The resolution further stated: “That criminal indictment hovering over Speaker Tyler 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 statement added – “That the Speaker and the chairman of his political party, who is also the Chairman of the Ways, Means and Finance Development Planning committee, have engaged in the action of budget manipulation and have made financial promises in an attempt to coerce and pressurize key actors to remain loyal to him.”
They accused the Speaker of denigrating his colleagues who have expressed disagreement with his “dictatorial leadership and refer to elected Representatives of the Liberian people as surrogates, forgetting that he is just primus inter pares (first amongst equals) by the free election of peers.”
“And in so declaring, we, the majority members of the Honorable House of Representatives of the 53rd Legislature having taken a solemn oath of office to protect and uphold the constitution and all other laws of the Republic of Liberia, call upon the Hon. J. Alex Tyler to immediately recuse himself as presiding officer.
“We also call on all those doing business and other activities with him to immediately halt and refrain from future transactions with him in the name of honorable House of Representatives. “
“We therefore call on the Liberian people to exercise understanding as this action is intended to enhance the work of the Honorable House of Representatives consistent with our constitution and principles of good governance,” the resolution stated.
Deputy speaker was appointed in the resolution to be the presiding officer as they plan to take over have a joint session next Tuesday but the pro Tyler lawmakers says their colleagues are proceeding wrongly.
Legitimacy argument ensues
Lawmakers on both sides are claiming legitimacy.
Gabriel B. Smith (Liberty party, District 3, Grand Bassa County) says legitimacy depends on the number, noting that the anti-Tyler group has the number.
“Legitimacy depends on the number, so we have the number and the Senate will do business with us”, said lawmaker Smith.
On the question of which side the Chief Clerk will perform his duty, the lawmaker said if the Chief Clerk does not turn out to work on the side of the anti-Tyler bloc, action will be taken.
“If the Chief Clerk does not turn out and there is no genuine excuse, we will take action”, said Smith.
On the other side, Representative Alex Grant argued that the anti-Tyler bloc lacks legitimacy because their place of gathering is not the rightful place.
“He is talking about legitimacy. Suppose we gather on Gurley Street and have the Chairman on Executive, does not mean we are legitimate?
The venue, the place of gathering should be the chambers of the House of Representatives”, said Representative Grant.
But his colleague Smith quickly differed “You can even go on Broad Street, once it is within the confines of the City of Monrovia, it will be deemed legitimate. We were within the confines of Monrovia and within the same building”.
Representative Grant says the Deputy Speaker has never been neutral.
Representative Gray also said plenary can decide who to take note and that is the power of plenary.
Representative George Mulbah expressed that the law states that the Legislature shall sit in a city.
“We passed a law declaring Brewerville a city. We are in the same building, Deputy Speaker presiding, all of our colleagues assembled. We have a quorum, we are giving the Speaker the due process”, said Representative Mulbah.
As the contest between the opposing parties continues it will be interesting to see who the Senate, the Executive and other stakeholders will do official business with.
Cabinet to remain neutral
Meanwhile, FrontPageAfrica has gathered that cabinet officials have been warned to refrain from matters relating to the works of the House of Representatives.
According to sources, cabinet members have been told to stay out of unfolding in the House of Representatives until the impasse is resolved.
Read The Full Resolution Below
Official Press Statement from the majority members of the Honorable House of Representatives 53rd legislature, republic of Liberia
Date August 9, 2016
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 serve the sacred institutions which are the basic building blocks of our democracy, continued peace and long hope for prosperity.
It is within this most noble confines, that we the Majority Members of the Honorable House of Representatives of the 53rd Legislature in furtherance of our mandate and obligation to the Liberian People as contained in Chapter 5 of the Constitution of Liberia, to maintain the integrity and proper functioning of this august body, do hereby announce, petition and declare to the Liberian people the following:
That Hon. J. Alex Tyler has 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 Honorable House of representatives to shield himself from legal process;
- That 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 country;
- That in his attempt to thwart justice, the Speaker embarked on series of actions with the intent to divide this august body forcing submission of its members to bend to his personal will and interest in a form and fashion no institution should yield to, and which undermines the unity and legislative cohesiveness necessary to carry on the people’s business paramount among which is the 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 to a 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 quorum from the Honorable 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;
- That the speaker blatant refusal to listen to the concerns of his colleagues who are interested in maintaining the cohesiveness of this Honorable house of Representatives speaks to his intolerance and undemocratic tendencies;
- That the Speaker has denigrated his colleagues who have expressed disagreement with his dictatorial leadership and refers to elected representatives of the Liberian people as surrogates, forgetting that he is just primus inter pares (first amongst equals) by the free election of peers;
- That the Speaker and the Chairman of his political party, who is also Chairman of the Ways, Means, Finance Planning and Development Committee, have engaged in the action of budget manipulation and have made financial promises in an attempt to coerce and pressurize key actors to remain loyal to him;
- That the speaker has been criminally indicted of a crime, we the members of the House should not have to bear the burden of these allegations. Let the Speaker exonerate himself of these criminal charges using our court system and not hide under the authority of the Speaker’s gavel;
And in so declaring, we, the Majority Members of the Honorable House of Representatives of the 53rd Legislature having taken a solemn oath of office to protect and uphold the Constitution and all other laws of the Republic of Liberia, call upon Hon. J. Alex Tyler to immediately recuse himself as presiding officer.
We also call on all those doing business and other activities with him to immediately halt and refrain from future transactions with him in the name of the Honorable House of Representatives.
We therefore call on the Liberian people to exercise understanding as this action is intended to enhance the work of the Honorable House of Representatives consistent with our Constitution and principles of good governance.
We thank you! (Kindly Find Attached the Listing of Members)
Signed:
Hon. Munah E. Pelham-Youngblood
Representative District # 9 Montserrado County
Secretary General (Majority Members)
Approved:
Hon. Numene T.H. Bartekwa
Representative District # 2 Grand Kru County
Chairman (Majority Members)
Names of Members of the Honorable House of Representatives who have signed the resolution to have Speaker J. Alex Tyler recused from presiding
- Numene T. H. Barketekwa (Chairman)
- Emmanuel Nuquay
- Munah E. Pelham-Youngblood
- Samuel G. Kogar
- Thomas P. Fallah
- Acarous M. Gray
- Edwin M. Snowe
- Julius Berrian
- Morais T. Waylee
- Samuel G. Woleh
- Richmond S. Anderson
- Corpu G. Barclay
- Adolph A. Lawrence
- Christian Chea
- Johnson Chea
- Saah Joesph
- Roland O. Cooper
- Worlea S. Dunah
- Henry B. Fahnbulleh
- Edward S. Forh
- Josephine George Francis
- Stephen S. Kafi, Jr.
- Jefferson S. Kanmoh
- Edward W. Karfia
- Mary M. Karwor
- Jeremiah Koung
- Eugene F. Kparkar
- Gertrude T. Lamin
- Jeremiah W. McCauley
- Prince K. Moye
- George S. Mulbah
- Tokpah J. Mulbah
- Robertson N. Siaway, Sr.
- Gabriel B. Smith
- Richard M. Tingbah
- Ricks Y. Toweh
- Bill Twehway
- Ballah G. Zayzay
- J. Byron Brown