Liberia: Despite Supreme Court’s Ruling Declaring Actions Illegal, Majority Bloc Vows to Hold Separate Sessions

The standoff in the House of Representatives is expected to linger on despite a ruling from the Supreme Court, the Constitution’s designated final arbiter of justice.

On Friday, the Supreme Court ruled that actions or sittings by members of the Legislature that do not align with the intent of Articles 33 and 49 of the Liberian Constitution are ultra vires.

However, the Court emphasized that while it has the authority to resolve constitutional issues, it cannot impose solutions that fall within the Legislature’s jurisdiction. Specifically, the Court pointed out the lack of legal mechanisms to compel absent lawmakers to attend sessions, a critical barrier to achieving a quorum. This effectively leaves Speaker Koffa’s ability to govern reliant on the cooperation of the Majority Bloc, which continues to wield significant leverage by withholding its participation.

The Court declared: “WHEREFORE AND IN VIEW OF THE FOREGOING, any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires. Hence, members of the House of Representatives are to conduct themselves accordingly. The Clerk of this Court is ordered to inform the parties. AND IT IS HEREBY SO ORDERED.”

The ruling stemmed from a petition filed by Speaker J. Fonati Koffa and his allies, challenging the constitutionality of actions by the Majority Bloc. After failing to muster the two-thirds majority needed to remove Speaker Koffa in October, the Majority Bloc began holding parallel sessions in the Joint Chambers, citing alleged corruption and conflicts of interest on the part of the Speaker–allegations Koffa denies. Speaker Koffa sought to nullify an unauthorized plenary session held without his presence, as well as the suspension of three representatives–Edward Flomo (District #13, Montserrado), Abu Bana Kamara (District #15, Montserrado), and Marvin Cole (District #3, Bong)–without due process. He also requested the Court to declare the restructuring of House committees and the seizure of the 2025 Draft National Budget unconstitutional.

Speaker Koffa Declares Victory

Following the ruling, Speaker Koffa and his allies celebrated, urging colleagues to resume regular legislative activities.

“We celebrate victory, not of a bloc, but of a democracy embedded in the rule of law,” Koffa said in a statement. “In the next few days, I will be reaching across the aisle to encourage my colleagues to return to work, do the Liberian people’s business, restructure the House, and contemplate my transition. To God be the Glory.”

Rep. Marvin Cole wrote, “All 73 won today. No two chambers.”

Frank Saah Foko added: “The Law is the Law. Congratulations to All Liberians. Thanks, and congratulations to Hon. Cllr J Fonati Koffa.”

Majority Bloc Pushes Back

However, the Majority Bloc interpreted the ruling differently. They argue the Court did not explicitly declare their actions unconstitutional. Rep. James Kolleh stated on social media: “Not a single action of the Majority was declared unconstitutional, illegal, null, or void. Effectively, the Petition of Koffa and others was denied.”

A statement attributed to the bloc’s lawyer, Cllr. Varney Sherman, echoed this view, asserting that the Majority Bloc could proceed with sessions as long as they acted within the law. Sherman further suggested that the Executive Branch should recognize Hon. Richard Nagbe Koon as the Speaker instead of Koffa. The Majority Bloc has vowed to continue separate sessions and plans to review the 2025 Draft National Budget in the Joint Chambers.

Where Do the Senate and Executive Stand?

As the impasse deepens, uncertainty looms over who the Senate and the Executive Branch will recognize as the legitimate Speaker of the House of Representatives.

The Senate’s stance has fluctuated throughout the crisis. Initially, it refrained from recognizing either faction, opting to wait for a court ruling. However, when Justice-in-Chambers Yarmie Gbeisay declined Speaker Koffa’s request to declare the Majority Bloc’s actions unconstitutional, the Senate began cooperating with the bloc. It forwarded two bills to the Majority Bloc for concurrence and declined to participate in joint deliberations on the 2025 draft national budget, choosing instead to wait until the budget was formally submitted by the House.

Prior to the Supreme Court’s ruling, the Senate passed a motion to suspend cooperation with the House until the Court resolved the matter. Following the ruling, some senators expressed strong opinions about the legitimacy of the Majority Bloc’s actions.

Senator Augustine S. Chea (Sinoe County), Chair of the Senate Judiciary Committee, stated: “If, by parity of reasoning, the sittings and actions by the Majority Bloc (without the Speaker presiding) are ultra vires, then it follows that everything done by them–holding sessions, suspending members, restructuring committees, taking possession of the budget, and electing a Speaker–is illegal.”

Senator Chea has been a vocal critic of the Majority Bloc, consistently describing their actions as unconstitutional.

Senator Darius Dillon (Montserrado County) remarked that the Supreme Court’s ruling addressed the key issues but suggested that some were unwilling to accept the decision unless it was spelled out explicitly.

The Executive Branch’s Position

The Executive Branch has also faced scrutiny for its actions during the standoff, particularly its decision to submit the draft national budget to the Majority Bloc. Officials within the Executive have since engaged with the bloc, including honoring invitations to their sessions, raising questions about its stance.

With both sides claiming victory in the aftermath of the Supreme Court’s ruling, the Senate and the Executive now face a critical decision about which faction to recognize. Their choice will likely shape the future of legislative governance and could either resolve or deepen the ongoing stalemate. As public attention intensifies, all eyes are on the Senate and Executive to see which side it will ultimately acknowledge as legitimate.