Rodney D. Sieh, [email protected]
London – Faced with the prospect of an expulsion push from the House of Representatives, by some of his peers loyal the President George Manneh Weah, Representative Yekeh Kolubah(Independent, District No. 10, Montserrado) appears before the Ministry of Justice today to explain a statement attributed to him that President Weah “would not be in power in three months”.
Last Friday, Justice Minister Frank Musah Dean invited the lawmaker for a conference at the Ministry of Justice (MOJ) at 11:00 a.m today to afford you the opportunity to clarify statements/comment made by you, at a gathering of your supporters on Sunday, April 14, 2019, which suggest change of government by means other constitutional.
MOJ: Underscoring Importance of Threat
Rep. Kolubah, speaking to the VOA Daybreak Africa Monday said he is unsure what the ministry is hoping to get out of him but he stands by what he said, guided by the constitution. “We don’t know what will be discussed there but I received a communication citing me to appear there. So, I’m going to respect the justice ministry and respect the rule of law, meet the minister and we will start up from there. Anything got to do with me going to court for what I have said is in line with the constitution, I am going to respect it.”
In a communication to the lawmaker, Minister Dean wrote:
We present our compliments and hereby invite you to a conference at the Ministry of Justice (MOJ) on Monday, April 22, 2019 at 11:00 a.m. The purpose of the conference is to afford you the opportunity to clarify statements/comment made by you, at a gathering of your supporters on Sunday, April 14, 2019, which suggest change of government by means other constitutional.
You are on record to have said, inter alia: “We will move and they will solve the problem; too much, enough is enough… when you need us tomorrow, we will be available to tell this president, this squatter, will soon be leaving in less than three months because he does not able this country anymore. If they want violence, we will give them violence”.
We note that a squatter is a person who unlawfully occupies an uninhabited building or unused land; a settler with no legal title to the land occupied.
Your reference to the President as a squatter, in respect of the office he now occupies, clearly confirms your refusal to accept the results of the Presidential and Legislative Elections of October 2017, an election in which you participated and were elected Representative for District #10, Montserrado County.
You will recall that in response to your letter of April 11, 2019, the MOJ, through the Liberia National Police(LNP), provided you and your supporters the required police protection to march from Vamoma Junction to the Headquarters of the Unity Party in Congo Town, on the said April 14, 2019, for the express purpose of presenting a statement of loyalty to the opposition collaborating political parties. This gesture signals Government’s respect for your constitutional right to freedom of assembly and association.
It is however, important to underscore that threats of violence and statements/comments insinuating change of government outside the constitutionally-recognized democratic process, constitute violations punishable under the Penal Code. It is in this light that we are seeking clarification of your statements/comments, so as to swiftly resolve any misconception, which has the propensity to undermine and threaten the peace and stability of the country.
Impeachment on Cards Since August 2018
Rep. Kolubah has been on President Weah’s back since last August when he launched an impeachment drive against the President, triggered by triggered by what he termed alleged violations of the Liberian Constitution by the President. “What is best in the interest of the Liberian people is that the President, Ambassador George Weah should be impeached on grounds that he has violated all of the laws of the country,” Representative Kolubah told legislative reporters at the time. “The President is telling the Liberian people to hold their heart and be patient with his administration but then he is building all of his properties around here, I think he should be holding his heart and stop building and address the needs of the Liberian people,” Representative Kolubah stressed.
Asked Monday whether he is concerned about being arrest when he appears at the MOJ this morning, the lawmakers said he has no fears. “If I will be arrested for going by what the constitution said then let me be arrested and the Liberian people will know that I am going by the constitution – and I have exercised my right according to the constitution – and I am going to speak for the Liberian people. If I have to go to jail for that, I have no problem with that; let me go to jail then it means I made history for going to jail for speaking on behalf of my people.”
Rep. Kolubah said every word he uttered was in line with the constitution. “So, I have not gone wrong in any way. For me, I said, the President will be gone in three months, I was making reference to the bill of impeachment that I have because I think in my mind and by law, the impeachment bill will go on the floor in two to three months, we will be finish with the impeachment of this president.
Asked why he is so passionate about pursuing an impeachment path, the lawmaker explained that President Weah has violated the constitution on so many occasions. “We think the constitution is the organic law of this country, if the constitution is violated by the President, we should place a bill on the floor to impeach him and in my mind, I think he has breached the constitution and I think and I think he should be impeached.”
The lawmaker cited the recent impeachment of Associate Justice Kabineh Ja’neh as a clear case in point, motivating to pursuing impeachment proceedings against President Weah. “Take for example the impeachment proceeding of Associate Justice Kabineh Ja’neh – it was against the constitution of this country and against some of the provisions he has violated and that’s what will be placed on the floor for the impeachment proceedings to start.”
Rep. Yekeh Kolubah(Independent, District 10, Montserrado
“So, we are calling on the international community to prevail on our president for the war crimes court to come – if we have gone wrong anywhere with our people so we can be held accountable for what we have done. Tomorrow they might say they want to overthrow this president; they have threatened the peace of the state so we are calling on this president to please ensure that the war crimes court come so we can face justice.”
Regarding what he feels is a double standard, Rep. Kolubah took aim at last week’s threats from some former rebels, branding themselves former generals who made threats against him and other critics of the government.
“Firstly, we are calling on ECOWAS, the African Union, the EU and the American government to push for war crimes court in this country because you will not have former rebels threatening to arrest a sitting lawmaker. Because the war crimes court is not here that’s why they are behaving the way they are behaving. So, we are calling on the international community to prevail on our president for the war crimes court to come – if we have gone wrong anywhere with our people so we can be held accountable for what we have done. Tomorrow they might say they want to overthrow this president; they have threatened the peace of the state so we are calling on this president to please ensure that the war crimes court come so we can face justice.”
Nagbe: Democracy Not Under Threat
The government’s chief spokesman, Information Minister Lenn Eugene Nagbe, also appearing on the VOA Monday dismissed the lawmakers’ claims, stating that the reasons for the summons was clear. “The reason for this citation is very simple – in fact Rep. Kolubah was very specific in the statement, he said the President would not be in power in three months- and that has caused a lot of incitement. So, the minister of justice has called him in for him to clarify these statements.”
Regarding the threats made by former generals, the minister said the government has not receive complaints and the ex-rebels have apologized. “No citizen of Liberia has made any complaint to any authority regarding a particular threat by any particular former general. Now, last week the solicitor general of Montserrado County cited the generals who have made a statement on radio – and also sent citation to Mr. Yekeh. The ex-rebels were summoned to the Temple of Justice, they were questioned – and they offered an apology. There is a desire on the part of some people to create an impression that there is a breakdown of the rule of law in Liberia and that is not the case. What has happened is that the opposition has ramped up their rhetoric, they have called for a mass demonstration on June 7th. We have said to them; you have a right to hold your democratic protest but just do it peacefully. So, our democracy is not under threat. So, we will continue to do our job as a government to ensure that we have freedom of expression and freedom of assembly.”
The minister reiterated that the government has no qualms against organizers of the pending June 7th protest but appealed for them to be responsible. “The government has a responsibility to ensure that the rights of all of those who have the right to protest are protected and we have also called on the organizers of the demonstration to ensure that the demonstration is peaceful and that it is orderly and that there is no operation outside the parameters of the law.”
Chambers, Fallah, Gray Favor Impeachment
It is unclear how Monday’s meeting session between Rep. Kolubah and the Justice ministry will go but the buzz in the corridors of the lower house suggest that a strong push is underway to impeach the lawmaker in the same fashion as former Associate Justice Ja’neh was impeached recently.
Last week, Rep. Thomas Fallah(CDC, District No. 5, Montserrado County), who was one of two lawmakers from the ruling Coalition for Democratic Change who engineered the impeachment of Justice Ja’neh with the initial impeachment bill, threatened his colleague with expulsion if he does not desist from consistently and continuously bringing the House of Representatives into ‘disrepute’ with his ‘reckless and insulting comments’.
“He will either be suspended if he is lucky, or expelled based on Rule 40 of the House’s Rules and Procedures,” Rep. Fallah said.
Rep. Fallah claims that majority members of the House, at least 49 members, in accordance to the House’s Rules and Procedures, will either suspend or expel Rep. Kolubah for ‘bad conduct and undesirable acts.’
Said Rep. Fallah: “I want to use this time to urge my colleague and my nephew (that’s how we call one another in Lofa), Rep. Kolubah, to desist from raining insults and bringing the Honorable House of Representatives [into disrepute] and, if he does not desist and continues as of this (Tuesday) evening or tonight, if he is lucky he will be suspended and, when bad-lucky, he will be expelled,” he said.
Rep. Fallah urged Rep. Kolubah to limit his advocacy on policy issues, including the economy, health and other basic social issues, but not make unsubstantial issues and rain insults, which will cast a dark cloud on the Legislature and the government.
Rep. Fallah’s call is also being backed by Rep. Acarous Moses Gray (CDC, District No. 8, Montserrado), who, along with Fallah, put the Ja’neh impeachment bill on the floor of the lower house which triggered the Associate Justice’s impeachment proceeding.
Gray himself was a key critic of former President Ellen Johnson-Sirleaf, playing a familiar role now being played by Rep. Kolubah.
What the House Rules Say
Last week, House Speaker Bophal Chambers who has been on the receiving end of some of Rep. Kolubah’s criticisms, also declared his support for the lawmaker’s impeachment.
Rule 40.1 of the Rules and Procedures of the Lower House states: “Without prejudice to the provisions of this rule, every member shall be honest and transparent at any time. Rule 40.2 adds: “No member may introduce false information or unsubstantiated matter, pretending that it is true.”
According to Rule 9.1, 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 while Rule 9.2 states that “any member may be expelled from the House for cause by a resolution of a two-thirds majority of the members of the House.”
According to Rule 48.1, the House shall take disciplinary measures against any member who violates or fails to comply with the House ethics and procedure specified
“Where any member is aware of the existence of a breach of the code of conduct and procedure, he/she may request the House to take the necessary disciplinary measures against any member who is alleged to have committed the breach.”
The request must be presented pursuant to Chapter XI of this rule shall be in writing and submitted to the Speaker together with the evidence. The Speaker is then required to refer the matter to the committee on Rules and Order.
The House may, according to the circumstances and degree of breach, take the following measures: It may give an oral warning; it may give a written warning; it may suspend a member for not more than 30 days of meeting; stop the payment of salary and allowances due him/her for the days of suspension, as the case may be; it may expel a member from the House where the breach is very serious or where it is committed repeatedly.”
For now, the key issue in play may hinge on what the embattled lawmaker actually meant when he said the President would not be in office in three months – and how the ministry of justice interprets. Were the lawmakers’ utterances aimed at impeachment or by violent means?
That’s the question minister Dean and the solicitor general Daku Mulbah face as scrutiny mounts over how the government handles the nagging issue of its chief critic, a lawmaker regarded as a loose cannon by his peers, holding no punches – even as his fate hangs in the balance.