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Saturday, November 23, 2024

“A RATIONAL YET UNPRECEDENTED MOVE” – ACTIVIST KOLLIE ANALYZES PRESIDENT BOAKAI’S BUDGET SUBMISSION AMID HOUSE LEADERSHIP CRISIS

Date:

MONROVIA – Prominent Liberian activist Martin K. N. Kollie, currently pursuing a Master of Law (LLM), has weighed in on President Joseph Boakai’s controversial decision to submit the 2025 draft national budget to the Chief Clerk instead of Speaker J. Fonati Koffa. In a detailed legal analysis, Kollie argues that while the President’s actions were legally sound, they may set a precarious precedent by sidelining traditional norms.

Kollie began by clarifying the legal frameworks governing budget submissions, emphasizing that Liberia’s Constitution is silent on the matter. However, the 2009 Amended Public Financial Management (PFM) Law and the House of Representatives’ Standing Rules provide the procedural guidance. These laws give the President two clear options for submitting the budget: either to the Speaker on session days or to the Chief Clerk on non-session days, as stipulated under Rule 25.10 of the House Standing Rules. Kollie noted that the PFM Law requires the President to submit the budget to the Legislature but does not explicitly specify to whom within the Legislature the budget should be addressed. Traditionally, and as a matter of precedent, the Speaker has served as the recipient, but Kollie points out that this is not mandated by law.

“The President’s decision to submit the budget to the Chief Clerk on a non-session day aligns with Rule 25.10 of the House’s Standing Rules, which permits the Chief Clerk to receive communications when the House is not in session,” Kollie explained.

Kollie highlighted the ongoing leadership crisis in the House of Representatives, where Speaker Koffa faces a divided chamber, with a significant bloc refusing to recognize his authority. In this context, President Boakai’s submission of the budget to the Chief Clerk was “legally smart” but politically loaded, as it effectively empowered the Chief Clerk to decide which bloc should handle the budget.

While the move is legally permissible, Kollie raised concerns about its broader implications. “By not submitting the budget to Speaker Koffa, President Boakai risks being seen as taking sides in a politically charged impasse. This decision, though rational and reasonable in light of the crisis, is unprecedented and could have constitutional and political ramifications,” he stated.

Kollie also critiqued the President’s departure from his earlier approach. In October, Boakai had directly communicated with Speaker Koffa regarding a delay in the budget submission. However, his decision to bypass Koffa this time raises questions about consistency and neutrality.

The activist acknowledged that tradition and precedent have long guided the submission of national budgets to the Speaker. However, the current leadership stalemate has made adherence to these norms impractical. Kollie argued that the President’s choice reflects an urgent need to ensure government functionality amid the crisis. “With Speaker Koffa lacking the quorum to deliberate and pass the budget, the President likely acted to prevent an economic shutdown. The alternative—operating on one-twelfth of the budget as allowed under Section 22 of the 2009 Amended PFM Law—would be untenable given Liberia’s pressing fiscal demands,” Kollie remarked.

Kollie described the situation as a complex “numbers game,” rooted more in political maneuvering than judicial interpretation. He emphasized that the ongoing impasse is less about the interests of the Liberian people and more about power, influence, and money. “The President’s decision to submit the budget to the Chief Clerk, while legally valid, places a heavy burden on the Clerk to navigate the political crisis. This move highlights the intersection of law and politics, where expediency often trumps tradition,” Kollie concluded.

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