4 Mins Read
The Unity Party (UP), through its legal team, has withdrawn its Petition for Declaratory Judgment with reservation filed against newly elected House Speaker J. Fonati Koffa, over controversies surrounding his citizenship.
In a notice of withdrawal dated Wednesday, January 17, 2024, the Unity Party (UP) states: “The Clerk Sixth Judicial Circuit Court, Civil Law Court A for Montserrado
Temple of Justice, Monrovia, Liberia
“Mr, Clerk: You will please take judicial notice and spread upon the records of this Honorable Court that Petitioner in the above-entitled cause of action, has on this day and date WITHDRAW its Petition for Declaratory Judgment with reservation.”
The notice of withdrawal continues- “AND FOR SO DOING, THIS SHALL CONSTITUTE YOUR LEGAL AND SUFFICIENT AUTHORITY IN THE PREMISES.”
Less than an hour after being elected as Speaker of the 55th National Legislature of the Republic of Liberia, the Unity Party through its leadership dragged Cllr. J. Fonati Koffa to the Sixth Judicial Circuit Civil Law Court of Montserrado County.
The UP in its petition for declaratory judgment filed by its National Chairman Rev. J. Luther Tarpeh, National Secretary General Amos Tweh, and all other officials of the UP petition said that the first respondent, Speaker of the 55th Legislature Cllr. Koffa is a citizen of the United of America. UP urged the court to nullify the election as representative of electoral district 2 Grand Kru County, adding they attached a copy of the Resolution of the National Executive Committee to form a cogent part of the petition.
Providing its law citation, the UP cited Article 43 of the ILCL Revised Section 43. 1 and also 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 Right. Article 4 section 1 of the Aliens and Nationality Law provides 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. Should such a person desire to contest for public office, the person must renounce the citizenship of the other country at least one year before applying to the National Elections Commission 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 the NEC at least one year before application to the NEC to contest for the elective public’’.
The petitioner further argued that the first respondent is a citizen of the United States of America and holds a valid passport.
‘’Petitioner petition and now comes petitioner and most respectfully petition this court to declare the second respondent, Speaker Koffa in these proceedings is not qualified to occupy an elected position under our law. Petitioner submits that the second respondent herein is a citizen of the United States of America holding a passport with the number 489973788 issued February 13, 2012’’ UP declaratory judge declaratory stated.
The UP added that the first respondent, NEC in keeping with the Constitution of Liberia, conducted a presidential and legislative elections as the result of which the second respondent, Cllr. Koffa being duly elected was certified by the first respondent.
Meanwhile, the assigned judge of the Civil Law court on Monday, January 15, 2024, ordered the clerk of the Court, Mr. Victor G. Gailor in a writ, summoned the respondent to appear and answer to the petition of declaratory judgment brought against him.
‘’You are hereby commanded to summon the respondents in the above-entitled cause of action, National Election Commission, first respondents, and Cllr. J. Fointa Koffa second respondent to appear before this court to answer the petitioners’ petition in the above-entitled cause of action and to notify the respondents that upon the failure to appear judgment by default will be rendered against them’’ the writ noted.
Story by: Women Voices News