By Staff Writer | Smart News Liberia
MONROVIA – Former Representative Yekeh Kolubah has suffered a major legal setback after the Supreme Court of Liberia dismissed a contempt action seeking sanctions against House Speaker Richard Nagbe Koon and members of the House of Representatives.
The ruling, handed down on May 20, 2026, by Chambers Justice Yussif D. Kaba, centered on procedural flaws surrounding the service of judicial documents connected to the case.
According to the Court, the lawmakers and House leadership were never properly served with the writ of prohibition and accompanying stay order that formed the basis of the contempt proceedings.
The High Court determined that the failure to follow the official procedures of the House of Representatives rendered the entire contempt action legally defective.
At the center of the Court’s decision was Rule 26.5 of the House Rules, which specifically designates the Sergeant-at-Arms as the only authorized officer empowered to receive judicial precepts and official court instruments on behalf of the Legislature.
However, records before the Court showed that the Marshal allegedly served the documents on a receptionist and a computer operator assigned to the offices of the Speaker and Chief Clerk instead of the Sergeant-at-Arms.
The Supreme Court ruled that such service could not legally constitute proper service upon the House of Representatives or its members.
“Service upon the Office of the Speaker or the Deputy Speaker, and for that matter, any other members of the House, absent service upon the Sergeant-at-Arms, does not constitute proper service consistent with Rule 26.5,” Justice Kaba declared in the Court’s opinion.
The Court further emphasized that House Rules do not authorize ordinary staff members or administrative employees to receive judicial documents on behalf of the Legislature.
In its legal analysis, the Supreme Court described contempt proceedings as quasi-criminal in nature, stressing that strict compliance with procedural safeguards is required before sanctions can be imposed.
The opinion stated that contempt cannot be sustained unless there is “clear and convincing evidence” that the accused parties had actual or constructive notice of the court order allegedly violated.
“Before a party may be adjudicated in contempt, it must first be shown that the party had actual or constructive notice of the order allegedly violated,” the ruling stated, adding that the respondents could not legally be held liable because lawful service was never completed.
The decision represents another significant chapter in the growing tensions between Liberia’s Judiciary and Legislature over constitutional authority, separation of powers, and compliance with judicial mandates involving lawmakers and House leadership.
Court records show that Counsellors Kabine M. Ja’neh, Jonathan Massaquoi, and Momodu G. Kandaikai appeared for the informant, while Counsellors Boye Layfeyee and Albert Sims represented Speaker Koon and the respondents before the High Court.
