As the Supreme Court is ready to rule on a controversial bill of information submitted by embattled Speaker Fonati Koffa and his associates, Chief Justice Sie-A-Nyene Gyapay Youh is calling for more security measures to protect all Supreme Court members.
During the debate on the legislative deadlock at the House of Representatives, Chief Justice Youh made a formal request to the Ministry of Justice, via the Solicitor General, to give the justices more protection in the Temple of Justice’s main chamber. She emphasized the “evolving risks” that Liberia’s highest court faces and stated, “We need protection for every member of the Supreme Court.”
The justices and attorneys from the House’s Majority and Minority Blocs engaged in heated arguments during the session. Associate Justice Jamesetta Howard Wolokollie emphasized at one point how crucial it is to follow the Constitution and appropriate legislative process in order to prevent chaos.
Chief Justice Youh shot back at Cllr. Varney Sherman’s defense of the Majority Bloc, arguing that there was no anarchy because the House was run by its leaders. “I wonder whether you would term as chaos when you get up one morning and see your house on fire,” Youh said.
The fact that all Liberians woke up in the wee hours of the morning to discover that a section of the Capitol Building was on fire is something we take judicial notice of.
Speaker Fonati Koffa and the members of his Minority Bloc, as well as the Majority Bloc, led by Richard Nagbe Koon, were questioned by the Supreme Court’s full bench on Wednesday.
The hearing’s highlight was when Cllr. Varney Sherman, a lawyer for the Majority Bloc, stood up to defend his clients and was scolded by the justices. The justices interrogated attorneys from both sides. The justices rebuked all of his defense arguments.
Cllr. Sherman contended that his group had essentially ousted Speaker Koffa with a two-thirds majority after passing a vote of no confidence in him.
Chief Justice Youh, however, rejected this reasoning, stating that a vote of no confidence or the creation of a majority bloc are not recognized for such reasons in Liberia’s jurisprudence.
She emphasized that while Article 49 of the Constitution states the Speaker is elected every six years and can only be removed for cause by a two-thirds majority of the House, Article 33 of the Constitution states that a simple majority forms a quorum, but regardless of numbers, the designated Speaker remains in office.
The Majority Bloc’s actions were also questioned by Justice Yussif D. Kaba, who emphasized that while lawmakers may have the power to dismiss a Speaker, they must strictly follow the correct constitutional procedures.
The opinions of the justices support Justice Yamie Gbeisay’s assertion in Nimba that the Majority Bloc violated the Constitution in its attempt to oust Speaker Koffa, even though the Supreme Court has reserved its decision.
Public anticipation is still high in Liberia while the judiciary tries to address procedural and security issues, with the court’s decision on the bill of information scheduled for a later date.
