MONROVIA, LIBERIA – Renowned Liberian human rights lawyer and constitutional law professor, Tiawan Saye Gongloe, has sounded an urgent call for the restoration of constitutional order in Liberia’s House of Representatives, following what he described as an “attempted and unconstitutional removal” of Speaker J. Fonati Koffa. Gongloe, a former presidential candidate and current Assistant Professor of Law at the Louis Arthur Grimes School of Law, said the ongoing crisis has paralyzed the legislature and placed constitutional governance in jeopardy.
In a compelling legal opinion issued on Friday, May 2, 2025, Gongloe condemned the actions of a faction of lawmakers led by Representative Richard Koon, who continue to defy the Supreme Court’s ruling affirming Speaker Koffa as the legitimate presiding officer of the House. Gongloe emphasized that this refusal to accept the court’s decision is not just a political standoff, it is a direct violation of Liberia’s Constitution.
Gongloe expressed concern that some individuals, including lawyers, have attempted to downplay the crisis by framing the issue of quorum as merely political. “That is not only false; it is deeply corrosive and dangerous to our constitutional order,” Gongloe warned. “Those who support the Koon faction are advocating for the rule of the jungle, where authority is determined by physical strength, not the rule of law.”
He reiterated that the authority of governance in a republic is grounded in the Constitution, statutes, and legal precedents, not in political convenience or street-level force. Gongloe pointed to Article 33 of the Liberian Constitution, which clearly defines a quorum as a “majority of each House,” and grants the Speaker the authority to compel attendance of absent members when quorum is not met.
According to Gongloe, the Constitution leaves no room for a vacuum in governance and no discretion for Speaker Koffa to allow legislative paralysis. He maintained that the Constitution mandates the Speaker to act decisively to restore functionality, using the mechanisms provided under Article 33.
He noted that while Liberia has no known precedent for compelling lawmakers to attend session in such a manner, the country’s legal system allows for the borrowing of precedents from the United States and England, both being sources of the common law tradition Liberia adheres to. Gongloe highlighted Article I, Section 5 of the U.S. Constitution, which mirrors Liberia’s Article 33 and has been used repeatedly throughout U.S. history to compel absent lawmakers back to session.
He referenced specific historical examples where U.S. legislative leaders lawfully directed sergeants-at-arms to arrest absent members to restore quorum. In one notable case from 1942, U.S. Senator Kenneth McKellar was forcibly returned to the Capitol to allow Senate business to proceed. Gongloe argued that these precedents underscore the legitimacy and necessity of compelling attendance when legislative functions are obstructed.
Gongloe outlined a legal and procedural path that Speaker Koffa must take: convene a meeting, determine quorum by roll call, invoke Article 33, issue an order to the Sergeant-at-Arms to locate and return absent members, and resume legislative business. He emphasized that this is not just an option, it is a constitutional obligation.
He warned that failure to act on the part of Speaker Koffa would amount to a dereliction of duty. At the same time, the deliberate refusal of lawmakers to attend sessions under a duly recognized Speaker is a breach of their constitutional mandate. “This is not politics, it is a betrayal of constitutional responsibility,” Gongloe stated.
Gongloe argued that no amount of political spin or emotional justification can replace constitutional order. “The Constitution provides the solution. The U.S. provides the precedent. And Speaker Koffa has the authority, indeed, the obligation to act now,” he insisted.
He further expressed concern that ignoring the Supreme Court’s ruling could set a dangerous precedent where a minority of lawmakers could hold the legislature hostage simply by walking out, thus undermining the will of the electorate and the integrity of the nation’s democracy.
He called on the Liberian people to reject misinformation and political manipulation, and to demand adherence to the rule of law from their elected leaders. He warned that the alternative is a descent into lawlessness, where constitutional roles are ignored and impunity becomes the norm.
“Liberia is a constitutional republic, not a theater of impunity,” Gongloe asserted. He lamented that some individuals are portraying Liberia to the world as a lawless nation, despite the clear legal frameworks that exist to resolve such crises.
He concluded with a stern reminder that history will judge harshly those who ignore their constitutional duties in pursuit of political advantage. According to Gongloe, this moment will test whether Liberia is truly governed by the rule of law or by the whims of political factions.
“A better Liberia is only possible through adherence to the rule of law,” he concluded.
