After losing the Speaker and Deputy Speaker elections: UP Run To Civil Law Court By: Yassah J Wright

66

After the speaker and Deputy Speaker elections, the Unity Party (UP), by and thru its National Chairman,  Rev. J. Luther Tarpeh, National Secretary General Amos Tweh and all other Officials of the Unity Party, has filed a petition for Declaratory Judgment before the Civil Law Court,against Grand Kru District (2) Representative Jonathan Fonati Koffa, as Speaker of the House of Representatives. The Unity Party argued that Rep. Koffa is not a Liberian citizen for him to hold the Speaker position of Liberia. They said Hon. Koffa is a citizen of the United States of America holding passport with number 48997388 issued to him on February, 13, 2022.

In UP petition to the Court, says that Hon. Koffa is not qualified to occupy an elected position under our law. UP lawyers spoke through its clients, States they are political party that won the Presidential Elections and the incoming government with legislative agenda to be pursued and that its National Executive Committee, by a resolution, has authorized the National Chairman and the Secretary General to institute this legal and other legal recourse to nullify Rep. Koffa election as Representative of electoral District #2, of Grand Kru County. The copy of UP resolution of the National Executive Committee of them to form a cogent part of petition. UP stated that National Elections Commission in keeping with the Constitution of Liberia, conducted the Presidential and General Elections as te results of which Hon. Koffa being duly elected was certificated by NEC. In UP three counts, they admitted that Koffa was elected and certificated as Representative of electoral district#2 of Grand Kru County. They argued that chapter 43 of the revised section 43.1, provides that “Court of records within the respective jurisdictions shall have the power to declare rights, status and other legal relations whether or not further relief is or could be claimed “. The UP lawyers count says that Article 4, section 1, of the act to amend or nullify certain provisions of the aliens and nationality law relating to citizenship and restoring the citizenship rights lost as a consequence of those provision states that ” A Liberian citizen who holds the citizenship of another country shall not be eligible for any elective public office while still a citizen of another country. They revealed that the Constitution says that should such person desire contest for elective public office, the person must renounce the citizenship of the other at least one (1) year prior to applying to the National Elections Commission (NEC) to contest for an elective public office and such documentary evidence of such renunciation of citizenship of the other country shall be filed with a Circuit Court in Liberia and with NEC at least one year before application to the NEC to contest for the elective public office “. Up lawyers stated that the copy of the amended aliens and nationality law to support the averment. UP lawyers said in chapter 43.2 of the Civil Procedure Law provides that “any person interested under a deed, will, written contract, or other writing Constituting a contract, or whose rights, status, other legal relations are affected by a statute, municipal ordinance, contract, franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, and obtain a declaration of rights status, or other legal relations thereunder”. Upon the receipt, Judge Golda Bonah Elliott noted that Unity Party lawyers petition and accompanying documents and upon payment of their legal fees, adding that she directed the clerk of the Court to issue a Writ of Summons directed to the Sheriff of the Court to Summons NEC and Rep. Koffa to appear before the Court sitting in its December, term 2023, to answered to UP lawyers petition against them. Judge Elliott furthered that the Sheriff to notify NEC and Speaker Koffa to file their returns to Unity Party petition on or before the 22nd of January, A.D. 2024, and that upon their failure to appear, Judgment will be rendered against them by default. She said the clerk should also instruct the Sheriff to make his/her official returns endorsed on the back of the said precepts in his(Clerk) office as to the manner of service on or before the 22nd of January, A.D. 2024 and that shall Constitute their legal authority.

Comments are closed.