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Friday, November 1, 2024

HOR FACES CONSTITUTIONAL TURMOIL AS CLLR. JOHNSON WARNS OF THREATS TO RULE OF LAW AND FOREIGN INVESTMENT IN LIBERIA

Date:

MONROVIA – Legal expert, Cllr. Arthur Johnson, today weighed in on the intensifying political discord within the Liberian House of Representatives, expressing deep concerns over the constitutional and procedural implications of the ongoing power struggle. At the center of this turmoil is the call for a vote of no confidence in Speaker J. Fonati Koffa by a majority faction led by Rep. Samuel G. Kogar. Cllr. Johnson argues that this development, involving factions circumventing established legislative protocols, poses significant risks to Liberia’s democratic governance and international reputation.

The conflict highlights fundamental questions about the legislative procedures that regulate the authority of the Speaker and the Deputy Speaker, and the potential ripple effects such a standoff could have on Liberia’s rule of law and its appeal to foreign investors.

Cllr. Johnson emphasizes that several House Standing Rules and constitutional provisions are being disregarded in the current crisis. Standing Rule #8 dictates that sessions must be convened by an authorized House officer, typically the Speaker or, in exceptional cases, the Deputy Speaker on the Speaker’s behalf. However, the majority bloc’s decision to bypass Speaker Koffa by convening a session without his consent challenges established procedures that ensure the lawful conduct of legislative business. According to Rule #12, the majority faction cannot unilaterally convene a session without the Speaker or, in his incapacity, the Deputy Speaker. Cllr. Johnson contends that by convening and presiding over a session in the Speaker’s absence, the Deputy Speaker has exceeded his mandate, contravening legislative norms and the Constitution. Liberia’s Constitution, in Article 33, mandates that a quorum for House business can only be established through the Speaker’s or Deputy Speaker’s formal approval, yet the faction has acted without such consent. This, Johnson warns, is a grave violation of legislative principles and undermines the rule of law within the House.

The Deputy Speaker’s decision to support the majority faction, according to Cllr. Johnson, sets a dangerous precedent that compromises the legislative hierarchy and weakens public confidence in the House of Representatives. The Deputy Speaker’s role, ideally neutral, now appears politicized, undermining the Speaker’s authority and threatening the integrity of the legislative institution. Johnson stresses that aligning with a faction against the Speaker violates both the spirit and letter of the House’s governing rules and could lead to a “perpetual instability” in the House, eroding the legitimacy of Liberia’s legislative process.

Cllr. Johnson points out that this political conflict at Liberia’s legislative core threatens the country’s attractiveness for foreign direct investment (FDI). In a globalized economy, factors such as the rule of law, sound governance, and institutional stability are critical to investor confidence. For countries like Liberia, where the investment climate is already fragile, these legislative actions send negative signals to potential investors, suggesting that democratic processes can be undermined at will. “The turmoil on Capitol Hill, especially when legislative factions disregard procedural and constitutional guidelines, reflects poorly on Liberia’s commitment to the rule of law,” Cllr. Johnson warned. “This kind of instability could deter foreign investors, who are essential for our economic development, from bringing needed capital into Liberia.”

Johnson draws parallels between this crisis and past political missteps that have marked Liberia’s post-war history. He cites examples like the removal of past Speakers Melvin Snowe and Alex Tyler, and the unconstitutional impeachment of Supreme Court Justice Kabineh Ja’neh. In each case, Johnson argues, political factions violated the Constitution, disregarded the Supreme Court, and eroded democratic governance, creating a “dangerous cycle” that Liberia cannot afford to repeat.

In his closing remarks, Cllr. Johnson calls on all House members to uphold established legislative procedures, honor the Speaker’s position, and operate strictly within constitutional authority. While political disagreements are an inherent part of democracy, he stresses that they must be resolved in ways that respect the rule of law and preserve public confidence in Liberia’s institutions. “Only by adhering to the Constitution and respecting the Speaker’s authority can we ensure stability and integrity in our legislative processes,” Johnson stated. “This approach is vital for Liberia’s democratic future and its ability to attract the foreign investment that is essential for our development.”

Socrates Smythe Saywon
Socrates Smythe Saywon is a Liberian journalist. You can contact me at 0777425285 or 0886946925, or reach out via email at saywonsocrates@smartnewsliberia.com or saywonsocrates3@gmail.com.

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