Monrovia – Embattled House Speaker J. Fonati Koffa has filed a legal challenge with the Supreme Court of Liberia, contesting what he terms his “unconstitutional removal” as Speaker of the House of Representatives. The lawsuit, submitted on Monday, November 25, 2024, seeks a judicial review of the actions of some House members, including the election of Representative Richard N. Koon as the new Speaker.
By: Victoria G. Wesseh
Koffa’s legal action comes just a day before the Supreme Court hearing on his previously filed writ of mandamus, which also targets the lawmakers involved in his removal.
Through his legal counsel, Cllr. Arthur T. Johnson, Speaker Koffa argued that the November 21, 2024, session where his removal took place violated Articles 20 and 49 of the Liberian Constitution. He emphasized that the process lacked due process and the required two-thirds majority vote stipulated by the Constitution.
Constitutional Arguments
The embattled Speaker’s filing referenced Article 20(a) of the Liberian Constitution, which guarantees due process, and Article 49, which outlines the procedure for removing the Speaker. Koffa’s legal team highlighted a 1937 Supreme Court ruling in Wolo v. Wolo that mandates the following for due process: a competent tribunal, adequate formal notice of charges, the right to counsel during hearings and the opportunity to present evidence.
According to the petition, none of these requirements were met during the purported session to remove Koffa.
Furthermore, Koffa’s lawyers argued that Rule 7 of the House Standing Rules designates the Speaker as the sole authority to convene and preside over legislative sessions, and this power cannot be usurped without strict adherence to constitutional provisions.
Disputed Numbers and Allegations
The petition stated that the House of Representatives comprises 73 members, requiring at least 49 votes—a two-thirds majority—for the Speaker’s removal. Koffa contends that only 40 lawmakers attended the November 21 session, falling short of the constitutional threshold.
He further alleged that six lawmakers, whose signatures were initially included in a resolution supporting his removal, had formally withdrawn their support before the session. These lawmakers—Hon. Thomas Goshua, Hon. Bintu Massalay, Hon. Luther Collins, Hon. Matthew Joe, Hon. Alex S. Noah, and Hon. Rugie Yatu Barry—submitted Notifications of Rescission, which were reportedly ignored by those pushing for Koffa’s ouster.
According to the writ, an affidavit by Captain Benedict J. Wiah, the House of Representatives’ Sergeant-at-Arms, confirmed that the notifications were delivered during the session but were rejected.
Relief Sought
Speaker is requesting the Supreme Court to declare that the November 21, 2024, session was unconstitutional; that his removal as Speaker and the election of Richard N. Koon as his replacement are null and void; that all decisions and actions arising from the session be reversed and a stay order to reinstate the legislative status quo pending the Court’s decision.
Koffa also stressed that any resolution to remove the Speaker must be for cause and accompanied by a due process hearing, in line with Rule 48 of the House Standing Rules.
The case, which has generated significant public and political interest, is expected to test Liberia’s commitment to constitutional governance and the rule of law.
The Supreme Court is yet to announce a date for the hearing of this new petition.
