Lawmakers of the House of Representatives have frowned on a bill submitted to it by the Liberian Senate on grounds that the Senate was ‘usurping’ its functions.
According to our national correspondent in Monrovia, it all started when on Tuesday when a communication from the Secretary of the Senate, Nanborlor Singbeh, Sr., urging the House of Representatives to concur with the Senate in ratifying a new Mineral Development Agreement between the Liberian Government and BAO CHICO Resources Liberia LTD.
Our correspondent said the communication was read in Plenary by Chief Clerk Mildred Siryon but was met by stiff resistance from members of the house on grounds that no financial should originate from the senate chamber.
The Liberian Senate Engrossed Bill #5 entitled, “An Act to Ratify the Mineral Development Agreement Between the Government of the Republic of Liberia and BAO CHICO Resources Liberia Limited”, according to Singbeh, was passed by the Liberian Senate on Tuesday, November 2, 2021.
However, in a ‘unusual move’, the Plenary of the House voted in favor of a motion filed by Rep. Clarence Massaquoi (District #3, Lofa County), calling on the House to ignore the bill and inform the Senate that it citing breach of the country’s constitution.
Said Rep. Massaquoi: “I move if I can be seconded that this House decline to work on the submission made by the Honorable Senate; and that the hearings that have started, in a constitutional origin of such a bill, be continued and decisions that will be made out of those hearings, be transmitted to the Liberian Senate for action.”
Article 34 (I) of the 1986 Constitution of Liberia states that “All revenue bills, whether subsidies, charges, imports, duties or taxes, and other financial bills, shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills. No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality. In all such cases, a true and correct account of funds collected shall be made to the community or locality.”
Majority of the lawmakers argued that with this constitutional provision, the bill should have originated from the House.
Rep. Acarous Gray from the ruling Coalition for Democratic (CDC, who represents #8 district in Montserrado, in a harsh tone, called on the Plenary to inform the Executive to forward all revenues bills including concession agreements and the National Fiscal Budget to only the House of Representatives, and not the Senate.
“The Liberian Senate, with all due respect, has no authority by the Liberian Constitution to act on a revenue bill and send it to the House as if to say this was a conveyor belt.” Rep. Gray said.
Rep. Gray further noted that the decision of the Senate was unacceptable; given that it has two former Speakers (Senators Edwin Snowe and James Emmanuel Nuquay), a deputy speaker (Senator Prince Moye) and scores of former members of the House of Representatives, as well as veteran lawmakers who should advised it when it is proceeding wrongfully.
Calls for constitutional interpretation
The Deputy Speaker of the Liberian legislature, Cllr. Fonati Koffa, serving as acting presiding officer during the debate, cautioned that Article 34 (I) of the Constitution may require legal interpretation as it also stated that the Senate may propose or concur with amendments as on other bills.
But Rep. Mariamu Fofana of Lofa County said the House’s Chamber was a political theater and not a court room.
Since the inception of the 54th Legislature of Liberia in January 2018, both chambers have always acted in the spirit of coordination, one local media says.
