MONROVIA, LIBERIA – Lawyers representing Speaker Richard N. Koon have formally requested the Civil Law Court to dismiss the Petition for Declaratory Judgment filed by the legal team of embattled Speaker Fonati Koffa. The request, made on January 18, 2025, argues that the court lacks jurisdiction to hear the case, rendering any decision null and void.
The lawyers, citing Liberia’s Civil Procedure Law, Section 11.1, Subsection 1, emphasized that determining jurisdiction is paramount before proceeding with any case. “Whenever the issue of a court’s jurisdiction is raised, the case becomes subordinated until the court has determined its jurisdiction to hear and dispose of the particular matter. And if a court lacks jurisdiction, whatever decision or judgment it renders is a legal nullity,” the motion stated.
Speaker Koon’s legal team also highlighted procedural errors in the case, contending that the Writ of Summons in the Declaratory Judgment proceedings was not issued based on a judge’s order, as required by Civil Procedure Law, Section 43.1. They argued that the summons was instead issued on the written directions of the petitioner’s counsel, making the entire petition “materially defective” and deserving of dismissal.
According to the motion, the judge presiding over the matter, Judge Smith, has no jurisdiction or authority to review the opinions and judgments of the Supreme Court. They asserted that any relief sought by a petitioner in such a case must be explicitly ordered by the Supreme Court for a lower court to have jurisdiction.
The lawyers further argued that as members of Liberia’s House of Representatives, the conduct of Speaker Koon and his legislative colleagues falls solely under the review authority of the Supreme Court. “Your Honor lacks jurisdiction and the authority to summon them and investigate into the conduct of the affairs of the House of Representatives. For this reason, Movants pray that Your Honor summarily dismisses this Petition for Declaratory Judgment,” the motion added.
