Monrovia – The removal of recused Speaker Alex Tyler has sparked debate in every corner of the country as a search has now commenced for a new Speaker to replace the ousted Speaker.
Report by Bettie K. Johnson – [email protected], Henry Karmo-[email protected]
“It is in violation of the law because an accused person is innocent until proven guilty, removing him through a joint resolution without hearing violates Article 20 of the constitution” – Cllr. Tiawan Gongloe, Human Rights Lawyer
The House of Representatives on Tuesday passed a resolution signed by 49 members of that august body to replace Representative Tyler, who had recused himself from presiding over the session over his indictment in the Sable Mining scandal.
The decision of the two thirds majority of the House was a result of a report from the Committee on Rules, Orders and Administration, which recommended that in keeping with its rules—Rules 48.1 and 48.3—was unanimously recommended that Representative Tyler be removed from his position as Speaker of the House of Representatives.
The Committee report was a result of a mandate given it by the plenary of the House of Representatives to investigate complaints brought before that body by Representative Henry Fahnbulleh of Montserrado County and Samuel Korgar of Nimba County, who accused Tyler of taking bribe, among others.
The Committee was also tasked with the responsibility to investigate Representative Tyler for allegedly taking hooligans and thugs to disrupt the activities of some lawmakers.
Illegal-says Cllr. Gongloe
Cllr. Tiawan Gongloe has termed the removal of the Speaker as a violation of the Liberian Constitution. He said the ousted Speaker was not given a due process before his removal.
“It is in violation of the law because an accused person is innocent until proven guilty, removing him through a joint resolution without hearing violates Article 20 of the constitution”, said Cllr. Gongloe.
Although a legislative Committee reported to the plenary that the Speaker was invited to appear but failed to do, but the Speaker is currently out of the country on sick leave. He was granted leave by Judge Emery Paye of Criminal Court C to seek medical treatment abroad.
Cllr. Gongloe in his condemnation of the removal continued “The trial if done will establish if the man violated the constitution or not, the lawmakers acted on presumption which is in error”.
Article 20 of the Liberian constitution states: “No person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law.
“Justice shall be done without sale, denial or delay; and in all cases not arising in courts not of record, under courts-martial and upon impeachment, the parties shall have the right to trial by jury,” it adds.
The Liberian constitution also provides for the National Legislature to adopt its own rules but it is required for such rules to conform with the requirements of due process of law laid down in the constitution.
Article 38 of the constitution provides “Each House shall adopt its own rules of procedure, enforce order and with the concurrence of two-thirds of the entire membership, may expel a member for cause.
Each House shall establish its own committees and sub-committees; provided, however, that the committees on revenues and appropriations shall consist of one member from each County.
All rules adopted by the Legislature shall conform to the requirements of due process of law laid down in this Constitution”.
The biggest question is whether due process as provided in the constitution was accorded Speaker Tyler by his colleagues before his removal.
The ousted Speaker moved to the Supreme Court where he filed a Writ of Prohibition against the action of his colleagues who were using the joint Chambers of the National Legislature to hold session.
Supreme Court Justice-In-Chambers, Jamesetta Wolokollie declined to issue the writ, something that weakened the ousted Speaker before he later bowed to pressure and recused himself as Presiding Officer of the House of Representatives.
Quest for new Speaker
Meanwhile, with just 48 hours after ousting Tyler, the debate about who replaces the dethroned Speaker is the latest at the Capitol Building.
Staffers, who spoke to FrontPageAfrica anonymously, are discussing three names that could possibly succeed the removed Speaker Tyler.
Names emerging in the corridors include: Deputy Speaker Hans Barchue, Representatives Clarence Massaquoi (UP-District #3 Lofa County) and Emmanuel Nuquay (UP-District#5 Margibi County).
Representative Nuquay and Deputy Speaker Barchue are members of the anti-Tyler bloc that succeeded in ousting Tyler as Speaker but are now against each other.
Unlike Representatives Barchue and Nuquay, Representative Massaquoi, according to legislative sources, is the man the pro-Tyler bloc is preparing to replace Tyler.
The pro-Tyler group has a constant number of twenty-one evidenced by the resolution of people who did not sign the resolution that removed the Bomi County lawmaker.
It is believed that come what may, the 21 solid supporters of Tyler could throw their weight behind Massaquoi.
And if it stands at three candidates—doing the mathematics—Massaquoi will only need to convince five lawmakers to vote for him from the split camp of the anti-Tyler bloc to become the next Speaker.
Some lawmakers of the anti-Tyler bloc have indirectly shown their support for the candidacy of Emmanuel Nuquay.
“If we don’t come together all we have done over the past months will be countless because I can tell you in confidence there are still committed supporters of Tyler and even among us who signed the resolution there are people who could vote a pro-Tyler Speaker,” one source told FPA.
Legislative sources have also confided in FrontPage Africa that because of the split in the anti-Tyler bloc, plans to conduct election for a new Speaker sooner will be delay than expected.
Rule 10.1 of the House’s rules states that “When the office of the Speaker shall become vacant by reason of removal, death, resignation, inability or other disabilities, the Deputy Speaker shall act as a Speaker until a new Speaker is elected within sixty days.”
The same further states that when the Speaker is absent from session, the Deputy Speaker shall act in accordance with Rules 8.1 and 8.2. In the absence of the Speaker and Deputy Speaker, such member of the House, as the House may elect for the Purpose shall preside. Such member shall be known as “Speaker Pro-Tempore.”