Ahead of tomorrow’s Supreme Court ruling in the Bill of Information filed by embattled Speaker J. Fonati Koffa and members of the House, the Center for Economic Crimes and Security Studies (CESS), calls for straight adherence to the ruling of the High Court.
CESS said the Supreme Court is the final arbiter of constitutional issues, which exercises final appellate jurisdiction in all cases.
The group said any decision that emanates from the High Court relative to the on-going power struggle at the House of Representatives (HoR) should be meticulously respected by both the minority and majority blocs.
CESS highlights that the court plays a significant role in consolidating the peace, security, democracy and the rule of law.
As a civil society organization, CESS expresses that the current power struggle at the HoR does not only pose a huge threat to the country’s cherished peace, but it presents a gloomy picture internationally about the country.
The group urges members of both blocs to follow the laid down constitutional procedures for the removal of the speaker.
It can be recalled that a good number of representatives under the nomenclature “majority Bloc” elected Montserrado County Electoral District #11 Representative Richard Nagbe Koon on “white ballot” without following constitutional procedures.
CESS said Article 49 of the Liberian Constitution establishes that the speaker can be removed for “cause” but this process must follow due diligence, ensuring transparency, fairness and adherence to the rule of law.
The group further stresses that the constitution stipulates that such decisions must be made with the consent of at least two-thirds of the representatives emphasizing that the removal of a speaker is not to be taken lightly.
Amidst the on-going political battle, the Supreme Court strongly criticizes the majority bloc for failing to follow proper legislative procedures in its ongoing efforts to unseat Speaker J. Fonati Koffa.
The court said any attempt to remove the Speaker must adhere to constitutional rules, specifically requiring a legitimate sitting of the House and the support of at least 49 votes.
As the power play intensifies and the majority bloc keeps conducting the affairs of the state, Koffa’s Bill of Information is seeking clarity as to whether a simple majority is sitting or a lower number, in both cases a presiding officer, defined in Article 49 of the Constitution, is the Speaker and in his/her absence, the Deputy Speaker must preside.
The Court further ruled that “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.”