The President’s response to the Supreme Court’s ruling is troubling. It is an outright rejection of or a disregard for the decision of the highest Court of the land, and it emboldens the “Majority Bloc.”
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By Senator Augustine S. Chea
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A “quorum” not presided over by the Speaker (Koffa) or under his authority is “unconstitutional.” And doing business with such a “quorum” is “unconstitutional,” Mr. President.
Article 33 of the Constitution cannot be construed separately or in isolation; it must be construed together with Article 49 — on quorum and Presiding Officer. For not any quorum can conduct legislative business. That is, a majority of Representatives cannot sit somewhere or even in their Chamber and conduct business without the Presiding Officer who is the Speaker or by his authority, the Deputy Speaker. And that point was well elucidated in the Supreme Court’s decision.
Irrespective of whatever coloration any interpretation may have, first thing first. The President must not only acknowledge the ruling, but he must take executive actions in respect thereof: acknowledge that Fonati Koffa is the Speaker; call upon members of the Executive to work with him; return the security officers withdrawn from him; and plead with members of the House of Representatives to now end the empasse on the basis of the ruling and in the interests of peace, harmony, cohesion, and uninterruptive governance.
The President cannot justify any wrongdoing or a blatant disregard for the constitutional order by a group of Representatives for non-interruption in governance. There’s nothing more interruptive or disruptive than the failure to adhere to the constitution and laws of the land, as it invites chaos, disorderliness, and other serious consequences. And, Mr. President, you took oath to protect and defend the Constitution and laws of Liberia. It’s not a matter of choice. It’s an obligation.
The President must be sensitive to his constitutional responsibilities and cannot be a bully in this political dispensation.
My advice to you, Your Excellency, is to reconsider your decision to support the “quorum” if you are genuinely interested in addressing the political question of members of the House coming together or to session so that the Government can function uninterrupted. The Supreme Court addressed the legal questions as to who is the legitimate Speaker, who presides over the quorum or sessions, and how a Speaker is elected and removed. That’s clear; and that’s the law! The Supreme Court is the final arbiter of justice. No one or another Branch of Government can review its decisions or disobey them, even in disagreement.
You can stand on the decision as your authority, Mr. President. Then, as you suggested, convene a reconciliation meeting between the “Majority Bloc” and the “Minority Bloc” presided over by you or the Traditional Council or former President Sirleaf. You should invite to the meeting former Presidents Sirleaf, if she’s not presiding, and Weah, leaders of civil society organizations, the leadership of the Inter-Religious Council, the leadership of the Senate, the hierarchies of the ruling and opposition parties, and others, as you may deem necessary.
If a truce is not or cannot be achieved — that is, if members of the “Majority Bloc” are unwilling to sit under the gable of Speaker Koffa — then the option for resolution should be to put in place a transitional arrangement whereby Speaker Koffa will be encouraged to resign and a new Speaker election held.
I wish you all the best in this endeavor, Mr. President.
