Liberia: Dangerous Precedent
Monrovia — In what is a dissenting position, the Liberian National Bar Association (LNBA) issues a stern warning here against what it describes as a “dangerous precedent” set by the Supreme Court of Liberia in its opinion on the Bill of Information filed by Speaker J. Fonati Koffa.
The LNBA says the Court’s April 23, 2025, decision could erode public trust in the country’s governance and potentially paralyze government operations.
Speaking at a press briefing on April 29, 2025 at the LNBA headquarters in Monrovia, National President, Cllr. Bornor M. Varmah, argued that if the Supreme Court does not reconsider its judgment, the 2025 National Budget, passed during sessions held without Speaker Koffa, would be deemed illegal.
Accordingly, he notes that all salaries, payments for goods and services, and other disbursements made by the Executive could be nullified, an outcome he likens to a “criminal subversion of the government.”
“The Court must act swiftly to reverse this decision,” Cllr. Varmah declares, and warns that “If left to stand, it will not only undermine the stability of the state, but set a precedent that permits judicial overreach into purely political matters.”
The controversy stems from the Supreme Court’s December 6, 2024 ruling, which stated that “Any sitting or actions by members of the legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires”, meaning there were done ‘beyond the powers’ of law.
Speaker Koffa later sought clarification thru a Bill of Information, prompting the Court to issue a second opinion on April 23, 2025. That opinion reaffirmed Koffa as the legitimate presiding officer and declared that legislative sessions held without him, despite his presence and availability, were unconstitutional.
However, the LNBA contends that the Supreme Court improperly used the Bill of Information as a procedural mechanism to reopen and rule again on a matter it had already decided. Cllr. Varmah emphasized that a Bill of Information should be limited to clarifying an existing judgment, not serve as a means to introduce new constitutional rulings.
The LNBA’s principal concern lies with the Court’s alleged violation of the Political Question Doctrine, a constitutional principle barring the judiciary from intervening in disputes that fall within the exclusive domain of the political branches.
According to the Bar, issues related to the internal leadership, procedures, and functioning of the House of Representatives fall squarely within the Legislature’s authority.
“The Supreme Court has overstepped its constitutional bounds,” notes Cllr. Varmah. “This ruling intrudes into legislative territory and risks turning the judiciary into an arbiter of political disputes, an outcome that undermines the doctrine of separation of powers.”
He continues, “For the Court to declare that any sitting of the Legislature without the Speaker is illegal, even when a quorum is present, invites legal absurdities and practical dysfunction.”
Cllr. Varmah further argues that the Constitution provides flexibility in the functioning of the Legislature. Article 33 allows for the conduct of legislative business in the presence of a simple majority, while Article 49 governs the election and removal of the Speaker and Deputy Speaker.
He also shares that it is not enough for the Speaker to be physically on the Capitol grounds; he must be “properly seated among his colleagues and ready to exercise his constitutional functions” for his presence to be valid.
“To assume that his mere presence renders any other session unconstitutional is a gross misinterpretation of legislative practice,” he adds.
While expressing firm disagreement with the Court’s decision, the LNBA stops short of endorsing any form of institutional resistance. Instead, it calls for constructive dialogue among Liberia’s three branches of government to resolve the impasse.
The Bar proposes establishment of an Independent Mediation Committee to help broker peace within the House of Representatives. It suggest that such committee would include former Chief Justices, members of the LNBA leadership, the Interreligious Council, and civil society actors.
“The time has come for responsible mediation,” Cllr. Varmah stresses, saying “This impasse, if left unresolved, could fracture democratic governance. All actors must return to the table in good faith.”
Despite its criticism, the LNBA reaffirms its commitment to upholding the rule of law and protecting Liberia’s democratic institutions.
“We remain committed to supporting the constitutional framework of this nation,” the Bar’s statement concluded. “But we must not allow the judiciary to become a tool for political manipulation. The health of our republic depends on balanced governance, mutual respect, and institutional integrity.”
The LNBA’s position sets the stage for further national debate over the proper limits of judicial authority and an urgent need for political consensus to navigate Liberia’s ongoing constitutional challenges.
By New Dawn.
