Supreme Court Declines to Intervene in HOR Dispute, Citing Separation of Powers 

By: Emmanuel Toe & William McGill

Capitol Hill – The Supreme Court of Liberia has ruled that it cannot intervene in internal disputes of the House of Representatives, reaffirming the constitutional principle of separation of powers.

In a December 6, 2024, decision, the Court declared, “We cannot do for the Legislature what is within its purview to do, as to do so will be a violation of the constitutional mandate on the separation of powers.”

The ruling arose from a petition filed by Speaker J. Fonati Koffa, seeking the Court’s intervention in a leadership dispute within the House.

 A group identifying as the “Majority Bloc” had declared Speaker Koffa’s position vacant, elected Representative Richard Nagbe Koon (UP, District #11, Montserrado County) as Speaker, dissolved committees, and suspended three lawmakers.

In response, the Supreme Court issued a stay order to halt the bloc’s actions while it reviewed arguments and constitutional provisions surrounding the case.

Actions Deemed Unconstitutional

The Court ruled that the actions of the Majority Bloc violated Articles 33 and 49 of the Liberian Constitution. Article 33 requires a quorum for legislative decisions, while Article 49 identifies the Speaker or Deputy Speaker as the presiding officers of the House.

“Any sittings or actions by members of the Legislature not in conformity with the intent of Articles 33 and 49 of the Constitution are ultra vires,” the Court stated.

The judgment also noted that the Legislature lacked internal rules to address such disputes, emphasizing that the Court could not impose mechanisms to compel absent members to attend sessions.

Background of the Crisis

The leadership impasse escalated in late October 2024 when the Majority Bloc, led by Representative Koon, challenged Speaker Koffa’s authority.

The bloc suspended Representatives Marvin Cole (District #3, Bong County), Edward P. Flomo (District #13, Montserrado County), and Abu Bana Kamara (District #15, Montserrado County), accusing them of violating House rules.

Speaker Koffa subsequently filed a petition with the Supreme Court, arguing that the bloc’s actions were unconstitutional. The bloc countered by asserting its claim to majority representation.

On November 28, 2024, the Court heard arguments from legal teams representing both parties, including the Ministry of Justice.

Court’s Emphasis on Separation of Powers

The Supreme Court’s ruling underscored its role as the interpreter of constitutional provisions, rather than as a mediator of legislative disputes.

“The Constitution must be interpreted in light of the entire document rather than a sequestered pronouncement because every provision is of equal importance,” the Court added. 

Chief Justice Sie-A-Nyene G. Yuoh and the Associate Justices signed the decision, calling on lawmakers to resolve their disputes internally in accordance with constitutional principles.

Next Steps

Lawmakers are now expected to return to the negotiating table to address the leadership crisis. The Court’s decision reinforces the independence of Liberia’s legislative branch and affirms the judiciary’s commitment to upholding constitutional boundaries.