Monrovia-The debate over whether the Speaker of Liberia’s House of Representatives, Alex J. Tyler should recuse himself from presiding over plenary in the wake of the Global Witness report alleging bribery and other criminal offences against the speaker and others; seems to be getting bigger as the Supreme Court of Liberia was recently drawn in to the fray as a result of a complaint filed by Representative Edwin Snowe of Montserrado County.
Representative Snowe took advantage of the law asking the Supreme Court to intervene in what he saw as a constitutional violation by the plenary of the House of Representatives through its decision not to call roll in keeping with article 33 of the Liberian Constitution.
Prohibition ordered
As a result of the legal process the House of Representatives failed to hold its regular session Tuesday due to a Writ of Prohibition from the Supreme Court of Liberia in a case involving House Speaker Alex Tyler versus Representative Edwin Snowe.
In the Petition for a Writ of Prohibition served by Brigadier General Amos B. Kesseh Dickson, SR Marshal, Supreme Court of Liberia for onward submission to the honorable Chief Clerk of the House of Representatives, the court commended him (SR Marshal Dickson) to notify Speaker Tyler, Presiding Officer of the House of Representatives to show cause why petitioner’s petition as prayed for should not be granted.
The writ states “You are further commended to instruct the Respondents that the stay order is hereby reinstated; that the parties are mandated to return to status quo ante, that is, before the motion of June 2, 2016, suspending roll calls and allowing the number and members present at the June, session of the House of Representatives to constitute a quorum for one month June 2, 2016 to July 2, 2016.”
In the Writ of Prohibition the court also mandated the House of Representatives to instruct the respondent herein to file their returns to the writ in the office of the Clerk of the Honorable court on or before the 30th day of June, A,D, 2016.
On Monday June 20, 2016 Representative Snowe (Montserrado County District #6) failed to appear before the Judiciary Committee of the House of Representatives for a hearing along with House Speaker Tyler in keeping with a mandate from the Supreme Court.
Supreme Court Associate Justice Jamesetta Wolokollie ordered the House of Representatives to address the concerns raised by the Montserrado County District#6 lawmaker against Speaker Tyler’s decision to maintain a quorum of lawmakers present in session on June 2, 2016 to remain constant for the period June 2 to July 2, 2016.
When contacted Monday why he did not appear, Representative Snowe, in a mobile interview said, he did not show up because the House of Representatives was given an ultimatum of 72 hours and the ultimatum had expired and because of that he could not show up.
“I cannot appear for a hearing when the ultimatum given has expired and as a matter of fact, I did not recognize the session that was held Thursday so I have filed a Bill of Information to the court, informing them that their order has been disrespected,” Rep. Snowe said.
Representative Snowe’s lawyers indicated in the petition that on June 2, 2016, 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 said, 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.
The petitioner also said 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.
Henry Karmo (0886522495) [email protected]