Liberia: House Defies Supreme Court

The House of Representatives has voted to expel Montserrado County District #10 Representative Yekeh Kolubah, a move taken despite a Supreme Court Justice-in-Chambers order directing the Legislature to halt further action in the matter pending a conference today.

The expulsion, supported by 49 lawmakers who signed a resolution from the House Committee on Rules, Order and Administration (ROA), followed a contentious disciplinary process that Kolubah has challenged at the Supreme Court.

Associate Justice Yussif D. Kaba, sitting in Chambers, on Thursday, April 16, granted Kolubah’s lawyers a petition for a writ of prohibition and ordered House leadership to appear for a conference at 2:30 p.m. today, April 20.

In the same communication, the Justice ordered the House to “stay all further proceedings and/or actions in the matter” pending the outcome of the conference, according to the writ.

“Meanwhile, you are ordered to stay all further proceedings and/or actions in the matter pending the outcome of the conference,” the writ stated.

But the House Clerk’s Office said it did not receive a Supreme Court communication instructing the Legislature to stop the proceedings.

Deputy Chief Clerk Tuah Woods told reporters she had not seen any such communication from the Court.

However, the return writ reviewed by the New Dawn indicates the stay order was served on the House and signed for at the Office of the Chief Clerk.

The return name Tababo Toe-Teh, identified as a computer analyst in the Chief Clerk’s Office, was the recipient of the Supreme Court’s writ of prohibition in the Kolubah matter.

Those cited to the conference include Speaker Richard Nagbe Koon and Deputy Speaker Thomas Fallah.

A writ of prohibition is a request to stop a public authority from taking action alleged to be beyond its legal power.

The Court was expected to hear arguments at Monday’s conference and determine whether the House proceedings should remain halted.

Despite the stay, lawmakers proceeded over the weekend to expel Kolubah, according to the ROA committee report and the resolution passed by plenary.

The House vote effectively removes Kolubah from the August body, even as the Supreme Court’s Chambers Justice had ordered an immediate halt to the proceedings pending the April 20 conference.

The ROA committee recommended expulsion, and its resolution, signed by 49 members, was presented during Friday’s sitting, where the plenary adopted the outcome.

The dispute escalated on Wednesday during an ROA hearing when Kolubah and his lawyers walked out after the committee declined their request for additional time and access to evidence, they said was necessary to respond to the allegations.

Speaking Sunday at his Movement office on Old Road in District #10, Kolubah denied wrongdoing and said he had heard reports that the Executive Branch was considering his arrest in connection with the matter.

He said that if he is accused of treason linked to Guinea, the government should publicly explain the basis for such an allegation before taking any action against him. “I challenge you and your national security to arrest me,” Kolubah said.

Kolubah’s legal team, Cllr. Cabineh Ja’neh, Cllr. Moriah Yeakula Korkpor and Cllr. Jonathan Massaquoi said they needed time to review evidence and the House rules governing the proceeding before advising their client.

ROA Chairman Rep. James Kolleh denied the request and told the lawyers their role at the hearing was to advise their client. The lawyers said they could not remain if they were barred from addressing procedural issues.

The lawyers presented a written petition seeking an extension to obtain materials and study the House rules. The committee rejected the request and continued the hearing after a brief recess.

After the hearing resumed, Cllr. Korkpor objected that moving forward without the requested materials would undermine due process, and the defense team left.

“We cannot proceed with this hearing if we are not provided with the evidence and the relevant House rules we requested to adequately prepare our defense,” Korkpor said.

By New Dawn.