ADNews-Monrovia: Lawmakers seeking the removal of House Speaker J. Fonati Koffa have issued an initial response to Associate Justice Yamie Quiqui Gbeisay’s recent writ of prohibition halting their function in a separate chamber of the Legislature saying their move to remove the 55th National Legislative Speaker, J. Fonati Koffa remains inevitable.
The Majority bloc vowed to continue attending their separate session in the joint Chamber as it has been over the time even though the writ issued on Friday, mandates that the lawmakers cease further proceedings until after a scheduled conference on Monday, November 4, 2024 to address a petition filed by Speaker Koffa, who claims procedural and legal missteps in the resolution to unseat him.
On Friday evening, Bong County Representative Foday Fahnbulleh one of the leaders of the Koffa removal effort declared they would continue legislative business undeterred.
Lawmakers Fahnbulleh argued that the writ of prohibition is a clear infringement on the Legislature’s constitutional authority, suggesting that Justice Gbeisay’s intervention contravenes the principle of separation of powers enshrined in Article 3 of the Liberian Constitution.
“The Justice’s interference goes beyond his constitutional role,” Fahnbulleh asserted, emphasizing the Legislature’s exclusive right to self-governance in line with Article 38, which allows each House to manage its internal affairs, including disciplinary actions.
Constitutional Grounds and Legislative Procedure
In their response, the lawmakers underscored their adherence to constitutional provisions. They mentioned Article 33 which they say mandates that a Simple Majority Shall constitute quorum for legislative sessions. He insisted that the 43 members easily meet this requirement, far surpassing the 37-member quorum requirement.
Fahnbulleh emphasized that the group has maintained quorum in all sessions held since they decided to remove speaker Koffa, dismissing Justice Gbeisay’s reference to them as a “Majority Block” as erroneous.
“We are plenary because the constitution gives the majority the right to transact business on behalf of the Liberian people. We are not a block”
Moreover, Rep Fahnbulleh contends that their actions are consistent with Article 40 of the Constitution, which governs the legislative process and prohibits either House from adjourning for more than five days without consent from the other.
Fahnbulleh argued that the Justice’s directive effectively forces an adjournment upon the House for more than 9 days, and this compromises the function of the House, and undermines the House’s constitutional prerogatives.
“Our 43 members will continue to meet in session, receive and discuss the writ,” he affirmed.
Accusations of Legislative Contempt and Potential Repercussions
Adding to the discord, several lawmakers are citing Article 44 of the Constitution suggesting that Justice Gbeisay’s writ represents “legislative contempt,” as it seeks to obstruct House operations and impedes members from discharging their constitutional duties.
This paper has reliably learned that some lawmakers among the 43 are considering invoking possible impeachment charges against the Associate Justice himself if he continues to interfere with the business of the House in line with Article 43 of the Constitution.
Rep. Fahnbulleh further criticized Justice Gbeisay’s handling of the writ, noting that it was addressed to Honorable Samuel G. Kogar instead of the presiding.
“Honorable Kogar is not the presiding officer,” Fahnbulleh stated, clarifying that Margibi County Representative Clarence Gahr has been overseeing the legislative sessions as presiding officer given that the majority had resolved not to sit under Koffa’s gavel any longer.
The 43 lawmakers have announced they will convene on Tuesday October 29, 2024 in the joint Chamber to hold a session and discuss Justice Gbeisay’s writ in a plenary, reinforcing their stance that legislative functions will proceed without interruption.
According to Fahnbulleh, the resolution signed by the majority is a lawful expression of their opinion under Article 42, which grants lawmakers immunity from prohibition, arrest, or detention related to their legislative actions.
The drive to remove Speaker Koffa, spearheaded by the majority faction, stems from several allegations of abuse of public office, fiscal mismanagement, lack of leadership, and several others.
Specifically, Count 3 of their resolution claims: “Whereas, the Speaker, Hon. Cllr. J. Fonati Koffa, during his tenure as Deputy Speaker of the 54th Legislature, alarmingly overspent his budget and was believed to have used his budget line as a conveyor for suspicious financial transactions. This is evidenced by the alarming outrun of $ 4,038,687 (actual money spent), a whopping $2,936,159 higher than the amount of $ 1,102,528 budgeted for the fiscal year 2023 for the office of the Deputy Speaker.
Speaker Koffa has denied any wrongdoing and insisted that he will not step down.
But the lawmakers insist, that overspending of budget by a public official reflects a breach of the budgetary Transferred act of 2008 and is a bride of responsibilities entrusted to the office of Deputy Speaker and has eroded confidence in Koffa’s leadership as speaker.
Based on its fact-check investigation, Local Voices, a credible fact-check organization that verified the claim confirmed that Koffa as deputy speaker overspent his budget while he served as deputy speaker.
Meanwhile, the lawmakers have asked the Liberian Anti-Corruption Commission to investigate Speaker Koffa for budget manipulation.
Comments are closed.