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ADNews-Monrovia, Liberia: The Liberian National Bar Association (LNBA), through its President, Cllr. Bornor M. Varmah has publicly condemned the Supreme Court of Liberia’s April 23 ruling on the Amended Bill of Information filed by House Speaker J. Fonati Koffa. While acknowledging the Court’s constitutional role as the final arbiter of legal questions, the LNBA warned that the decision threatens the separation of powers and could set a dangerous precedent in Liberian governance.
By Benjamin Quaye Johnson | benjaminqjohnson@gmail.com
At the heart of the LNBA’s critique is the Court’s expanded interpretation of the Bill of Information—a procedural tool traditionally used to clarify or enforce prior judicial mandates. The Bar argued that the Supreme Court’s latest ruling went far beyond clarification and instead amounted to issuing a second, substantive judgment in a matter already decided in December 2024.
“The Supreme Court has transformed a procedural tool into a substantive instrument,” the LNBA stated. “This shift risks enabling political actors to misuse the Bill of Information as a backdoor to re-litigate political disputes.”
The LNBA stressed that the ongoing conflict over Speaker Koffa’s leadership and the internal affairs of the House of Representatives is inherently political and should be resolved through legislative processes, not by judicial intervention.
“It is not, and should not become, a substitute mechanism for settling inherently political questions—particularly those relating to the internal organization, leadership, or operational independence of the Legislature,” the LNBA said.
The Bar’s position reflects the Political Question Doctrine under Liberian law, which holds that certain matters—particularly those involving internal legislative governance—fall exclusively within the domain of the political branches and are not subject to judicial review.
In one of the statement’s most alarming assertions, the LNBA suggested that the 2025 National Budget—passed during a legislative session now deemed unconstitutional by the Court—could be rendered illegal as a result of the ruling.
“If the sittings of the Majority Bloc are illegal, then the 2025 National Budget is illegal,” the LNBA warned. “All persons who participated in or benefited from the process are guilty of facilitating its illegality.”
The Bar further stated that the Court, by implication, had “indicted itself” through a judgment that could destabilize state operations and potentially lead to a constitutional and fiscal crisis.
Reaffirming its unwavering commitment to the rule of law, the LNBA underscored the importance of respecting the doctrine of separation of powers, as enshrined in Articles 2 and 3 of the 1986 Constitution. It cautioned the Judiciary against encroaching on the internal functions of the Legislature.
“The Judiciary must respect the autonomy of the Legislature in determining its internal leadership and operations,” the LNBA said.
In a constructive gesture, the Bar proposed the establishment of an Independent Mediation Committee to help resolve the crisis within the House of Representatives. The committee, the LNBA suggested, should include: Former Chief Justices, Senior members of the LNBA, Representatives from the Interreligious Council Leaders of civil society organizations
The proposed body would aim to mediate between the rival legislative factions and propose a constitutionally sound and peaceful resolution to the impasse.
In its concluding remarks, the LNBA urged all branches of government to act in the best interest of national stability and constitutional integrity.
“If the Supreme Court fails to recall and reverse itself, the ripple effects will be profound, potentially leading to a constitutional crisis,” the statement concluded.
As Liberia continues to shape its post-conflict democracy, the growing tension between the nation’s highest court and its foremost legal body may mark a pivotal moment, testing not only the limits of judicial authority but also the resilience of Liberia’s democratic institutions.
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