Monrovia – Supreme Court Associate Justice Jamesetta Wolokollie has ordered the House of Representatives to address the concerns raised by Montserrado County District#6 lawmaker Edwin M. Snowe against Speaker Alex Tyler’s decision to maintain a quorum of lawmakers present in session on June 2, 2016 to July 2, 2016.
The high court Justice after listening to the petition took the decision on Monday when the Montserrado County lawmaker made formal to the court his request for a writ of prohibition through his legal counsels Cllrs. Arthur Johnson and Swahilo Sesay
Representative Snowe lawyers indicated in the petition that on June 2, 2016 and or Tuesday’s regular session, a motion was made to the effect that the number and the members present at that sitting would constitute a quorum for one month that is from June 2, 2016 to July 2, 2016.
Citing Article 33 of the Constitution the lawyers also indicated that a simple majority of each House shall constitute a quorum for the transaction of business but a lower number may adjourn from day to day and compel the attendance of absent members, whenever the House of Representatives and the Senate shall meet in joint session, the presiding officer of the House of Representatives shall preside.
The petitioner also says that accordingly no roll call would be in effect from June 2, 2016 to July 2, 2016 therefore making the presence or absence of a member of the House of Representatives meaningless.
“Your honor there are 73 lawmakers currently in the House of Representatives and less than 37 were in session therefore if this decision for roll call remains in force that means that the constituencies of the affected lawmakers voices will not be heard” said Cllr. Arthur Johnson who prayed the Associate Justice to issue a writ of prohibition against the respondent and restrain him from pursuing any action to the decision.
The House of Representatives legal counsel and Chairman on Judiciary Cllr. Gayah Karmo told the court that it was sad for Lawmaker Snowe to run to court to seek redress when he has written the Plenary of the House on the matter and while Plenary was trying to hear his complaint he opted to run to the Supreme Court.
“No one is stepping on the rights of Representative Snowe he is a duly elected Representative of his people, he wrote a letter to Plenary and it is on the table for discussion, we could not hear his complaint on Thursday because there was no electricity in the building”said Cllr. Karmo who asked the high court to give the lawmakers a chance to hear the complaint of Representative Snowe at a later date.
Following Snowe’s lawyers concern raised and the subsequent response by the House legal counsel Associate Justice Wolokollie ruled that the lawmakers be given time to hear his complaint.
“The lawmakers have said that they have the complaint on the table for discussion and let give them Tuesday and Thursday session to discuss the matter if not you can come back” said Justice Wolokollie.
Representative Snowe who was present in the high court chamber told reporters outside of the court that he agrees with the high court decision and was going back with the hope that his colleagues will honor the high court decision.
“I do agree with the high court decision the reason I have to come to the court is that I wrote the Plenary and while in session I raised my hand to re-echo my complaint but I was never recognized by the speaker” said Representative Snowe who expressed his hope that his colleagues will comply with the high court decision.
On the question of the issuance of the writ of prohibition, House Judiciary Committee Chairman Cllr. Karmo also told reporters that it was not wrong for Representative Snowe to come to court as it did not violate any of their rules but could have exercise patient to first hear the matter at the level of the Plenary.
“It was not wrong for Representative Snowe to come to court; I always told by colleagues at the House of Representatives that our decision taken requires judicial review when the need arises “said Cllr. Karmo
Kennedy L. Yangian [email protected]
