Liberia: Analysis of the Supreme Court Decision on the Legislative Impasse 2024

The Liberian Supreme Court ruled on April 23, 2025, in the legislative dispute between the majority bloc and the rule of law bloc of the House of Representatives. The impasse was regarding the speakership of the chamber. The majority bloc removed elected Speaker Fonati Koffa, pictured on the left and replaced him with Representative Richard Koon, pictured on the right.

Background
In mid-2024, the majority bloc removed Koffa. It accused him of corruption, conflict of interest, mismanagement, and misuse of power. It argued that under the House rules and Article 49 of the Liberian constitution, a speaker can be removed by 49 members of the 73-member House. The group took the action while Koffa was not presiding, though present. Koffa’s supporters, who called themselves the Rule of Law Group, protested, maintaining that the majority group violated the constitution.

On December 6, 2024, the Supreme Court ruled that the majority bloc's action was ultra vires, meaning “beyond one’s legal boundary or authority.” However, the court also said that the two groups should come together to resolve the impasse. The ambiguity of the decision led both groups to claim victory.

However, it is imperative to indicate the political factors of the crisis. In the Liberian presidential election of 2023, the main opposition party, the Unity Party (UP), won the presidency, which brought President Joseph Boakai into power. Nevertheless, the defeated party, the Congress for Democratic Change (CDC) of former President George Weah and other opposition members, maintained control of the House. Koffa, a CDC partisan, was deputy speaker during the CDC's reign. This situation put Koffa in a better position for the speakership in the new House. Thus, it created a problem for the new administration. To solve the matter, the executive attempted to buy off the opposition representatives by allegedly bribing them. It wanted Koon, a representative of District 9 of Montserrado County and a member of the ruling party, to become the new speaker. The strategy did not work. Koon lost the speakership election to Koffa. Also, representative Thomas Fallah, a CDC member, won the deputy speakership.

In my article after the presidential election, I stated Boakai’s political dilemma and the importance of the speakership, particularly for a new regime. The House discusses and approves the national budget and the president’s agenda. Constitutionally, the speaker is next in line for the presidency should the president and the vice president die, be incapacitated, or resign. Hence, the legislative impasse created an opportunity for the administration. The president supports Koon’s speakership and readily submitted the national budget to the House under Koon. The Senate, under pro-temp Senator Nyonblee Karngar-Lawrence, approved the budget. The senator is a strong supporter of the president and Koon. Moreover, the Attorney-General’s opinion on the Supreme Court judgement supported Koon’s speakership and the majority bloc, giving the bloc added power. At the same time, the bloc suspended key representative supporters of Koffa, forbidding them from receiving salaries. The Senate also backs the bloc. Seemingly, this was done to pressure Koffa’s supporters to join the majority.

The Liberian Council of Churches and other influential entities, including the West African Economic Community (ECOWA), unsuccessfully attempted to mediate the dispute. It was alleged that the president met with Koffa and appealed to him to resign the speakership. Koffa was said to have refused.

In early 2025, Koffa’s legal team submitted a bill of information to the Supreme Court, pleading for clarity in the previous ruling. The team later submitted a modified bill. Cllr. Kabineh Ja’neh, a former Supreme Court associate justice, led the team. Cllr. Varney Sherman, a former senator, headed the majority bloc's legal team. Sherman argued that the Supreme Court has no standing in the case, that the dispute is an internal matter among the legislative branch, and that under the constitutional separation of powers, the court should not interfere. He repeated the bloc's main point that the majority of the representatives, by a quorum, elected Koon under the House rule. Therefore, the group has the legal right to replace Koffa.

The Supreme Court Decision
On April 23, 2025, the Supreme Court delivered a 16-page ruling. The court first discussed the arguments; the position of the appealing party (the rule of law group) and the respondent (the majority bloc). It gave the legal points and reasons for its standing in the matter, indicating that the dispute is a constitutional case. As the Supreme Court, it has the authority to decide on the impasse and on any constitutional issue, whether in the legislature or the executive.

The court ruled that the majority bloc's action to remove Koffa and appoint Koon was unconstitutional. It stated that while the House can elect a new speaker, the old speaker must preside over the deliberation. If the speaker is absent, the deputy must chair. Moreover, the accused speaker must be given due process. It pointed out that the majority bloc did not have Koffa preside nor give him due process, though he was present. Therefore, all actions taken by the bloc were non-avail.

Four of the five-member judges voted for the bill. Justice Yamie Gberisay read the dissenting opinion, describing the decision as a slap in the face of justice.

Reactions to the Judgement
Many officials of the administration dissatisfied with the decision. They argued that if the court knew that the majority bloc was wrong, why did the justices accept salaries from the budget passed by the House under the bloc? Koon’s office strongly rejected the ruling, vowing not to honor it. He called the decision an “atrocious and audacious violation of the constitutional separation of powers". However, Koffa cheered the judgement and called on Koon and others to meet and negotiate in the interest of the Liberian people. Though President Boakai acknowledged the decision, Boakai felt that the impasse could be resolved through “consultation with relevant national stakeholders to determine the most appropriate and constitutional sound path forward". He said he can work with a quorum. Also, he discussed the act of arsonists on the Capitol building and vandalism intended to sow chaos and discord. These acts occurred just after the impasse. The president powerfully said that the government will not tolerate them. While some citizens praised Boakai, many criticized him. Jefferson Chesson wrote that the president paid lip service. Rather than proclaiming the ruling is final, he said the president called for consultation and extrajudicial negotiations. Chesson felt that Boakai should defend the constitution by immediately implementing the judgment.

Civic society organizations and opinion leaders weighed in on the ruling and Boakai’s reaction. The Center for Transparency and Accountability (CENTAL) called on the administration to obey the Supreme Court decision, according to the agency manager, Attorney Gerald Yeakula. Counselor Tiawan Gonglo, past president of the Liberian National Bar, viewed the president's statement as a flagrant disrespect to the court judgment and a disregard for the rule of law. Former President George Weah called on the administration to obey the court. But the Alliance of Pro-Democracy and Civil Society Organizations in Liberia called the judgment deceptive, arguing that the court, on the one hand, considered the action of the majority bloc unconstitutional, but on the other, benefited from the budget allocated by the bloc. It reiterated the administration's previously mentioned argument. Moreover, the current president of the Liberian National Bar criticized the ruling.

Petition For Re-argument
While the public is commenting on the judgment, the majority bloc legal team appealed to the Supreme Court for a re-argument of the case. The petition argues that the court decision would create a problem; that the legislature has already passed the budget approved by the Koon bloc. If the bloc’s action is unconstitutional, then the budget is illegal. Some analysts see the petition as a strategy. Legally, it stops the enforcement of the court ruling until the court decides on the petition. That would take time. Further, Chief Justice Youh will retire in June this year, and President Boakai will replace her with his choice. Another factor is the unconfirmed information that Koffa plans to resign the speakership on May 13, 2025. Former President Ellen Johnson Sirleaf would facilitate the announcement. Some analysts are not surprised by Koffa’s presumed resignation, for he sounded conciliatory in his remark following the Supreme Court ruling. As stated, he called for a meeting to negotiate. He also talked about making the ultimate sacrifice for peace.

A House speaker resigning under pressure is not new in Liberian history. In 2006, House Speaker Edward Snowe forcibly resigned the speakership, though the Supreme Court had ruled in his favor. He was an independent representative for Montserrado County in the 2005 election. With relatively strong financial resources, he won the speakership. Some observers were surprised because the CDC was positioned to win the position, for the party had the number. The administration got worried. It needed the speakership to complete its domination of the three branches of government. To achieve this, it successfully maneuvered the removal of Snowe from the speakership. It replaced him with Alex Tyler, a Sirleaf’s strong supporter. Snowe quietly resigned and later joined UP.

Some observers maintain that Koffa is not Snowe and would make the biggest mistake if he resigns. Maybe so. Koffa was an established lawyer and an urban planner in the US. He returned to Liberia and officially joined the Liberty Party (LP). He lost his first representative election for Grand Kru County. But he bounced back and later won after becoming a member of CDC. He is a respected lawyer; he duxed the counsellor exams for legal practice at the Supreme Court. He is a partner of a prestigious law firm. Snowe, on the other hand, was politically inexperienced. He entered politics while pursuing his college degree. Before becoming a representative, he served as a staff member of the Liberian Petroleum Refinery Corporation during Charles Taylor's presidency.

Conclusion
The legislative impasse was a factor of political fear; the result of the desire to control: the Boakai administration wants to have the House under its wing at all costs. Meanwhile, the absence of justice and disregard for the rule of law can lead to violence, according to Martin Luther King, a leading US civil rights leader. This absence of justice may have led to the burning of the Capitol building. Yet the president blamed the violence on lawless citizens.

Perhaps the fear of losing the presidency to an opposition speaker through constitutional succession could have been another factor. As indicated earlier, the House speaker is second in command to succeed the president.

Liberians should be mindful of disregarding the rule of law. Historically, the Americo-Liberian autocracy disrespected human rights, the rule of law, and the constitution. Hence, in 1980, the people overthrew the regime. The country should learn from its history.

Disregarding constitutional law can affect other elements, including investment and international relations. Foreign investors would not invest in a country that disobeys the laws. Investors would think that their investments would not be protected. The impasse could impact Liberian international affairs, presenting a negative image as the country seeks a seat on the UN Security Council.

President Boakai must do the needful. He must support and enforce the Supreme Court decision. He must realize that his administration does not need control of the House for a successful presidency. For instance, in America in 1994, the Republican Party controlled the House during President Bill Clinton's administration. However, Clinton worked successfully with the House under Newt Gingrich and won reelection. The same with Barack Obama. He worked effectively with a Republican controlled House and gained reelection. In other words, an opposition congress can make a sitting president stronger and effective.

In a democratic society, the Supreme Court is the arbiter of justice. Though some of its rulings might be unpopular, they are final and must be enforced. For example, in the 1930s, the Liberian House of Representatives granted a divorce to Hon. Plenyono Gbe Wolo. He sought a divorce from his wife, Juah Weeks Wolo, an “uneducated” commoner. Wolo was a famous Liberian, the first African to graduate from Harvard University. Juah appealed to the Supreme Court, which judged in her favor. It stated that divorce is a judicial matter, not legislative. And therefore, the House had no authority to grant the divorce. Though President Edwin Barclay disagreed with the decision, he respected it. Wolo accepted the decision and later got the divorce through the court. The ruling became a landmark case under Chief Justice Louis Arthur Grimes.

In 2000, the US Supreme Court ruled against Democrat Presidential Candidate Al Gore in the Florida presidential election ballot recount. Gore, the sitting vice president under Clinton, painfully accepted the decision. He congratulated George W. Bush, a Republican and called him “my president”.

A president's success is not measured by the ability to influence and manipulate decisions but by respecting and implementing lawful decisions. The Boakai administration must support the rule of law and protect the constitution.

The unconstitutional removal of a House speaker and the eventual resignation from the speakership present a bad precedent. In essence, the practice means that a sitting president can influence the removal of an elected speaker who is not from the president's party. With pressure, the speaker can resign. True democracy does not work that way. It follows the law. The wrongful behavior could create deep-seated hatred and dissatisfaction, which, if not stopped, could cause a throbbing problem for future governance.

About the author
Dagbayonoh Kiah Nyanfore II is a Liberian writer and political commentator. He can be reached at dagbayohkiahnyanfore66@gmail.com

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