By By: Alphanso G. Kalama
alphansokalama@gmail.com
0776459785 |0555716152
Monrovia, Liberia — In a forceful and unprecedented public statement, the Liberian National Bar Association (LNBA) has voiced strong opposition to the recent Supreme Court ruling on the Amended Bill of Information filed by House Speaker J. Fonati Koffa, raising deep concerns about judicial overreach, the erosion of democratic norms, and the potential destabilization of constitutional governance.
The April 23, 2025 opinion from the Supreme Court reaffirmed Speaker Koffa’s legitimacy and declared all actions and sittings by the “Majority Bloc” of the House of Representatives—held without his presence or authority—as unconstitutional. The ruling further asserted that such actions fall “outside the pale of the law,” effectively nullifying recent legislative business, including the passage of the 2025 National Budget.
LNBA Disagrees with Court’s Expansion of Bill of Information Use
While acknowledging the Court’s authority as the ultimate interpreter of the Constitution, the LNBA sharply criticized its handling of the Bill of Information, a procedural tool typically reserved for clarifying or enforcing judgments. The Bar argued that the Court overstepped its mandate by transforming the Bill of Information into a platform for re-litigating political disputes, thereby issuing a second substantive opinion in a matter that had already been decided.
“This expansion risks inflating the Bill of Information into a de facto remedial tool, inviting future parties to misuse it for re-litigation rather than clarification,” the LNBA said.
A Threat to Separation of Powers and Legislative Independence
Central to the LNBA’s concerns is what it described as judicial overreach into matters constitutionally reserved for the Legislature. The Bar warned that the Supreme Court’s intervention in determining the legitimacy of legislative sessions and leadership threatens the doctrine of separation of powers—the cornerstone of Liberia’s republican form of government.
“The ongoing conflict within the House of Representatives is primarily political in nature,” the LNBA asserted. “It requires a political resolution through institutional dialogue and adherence to democratic norms, not judicial mandates.”
The Bar highlighted the risk of setting a “dangerous precedent,” wherein political actors might increasingly turn to the judiciary to resolve internal disputes rather than using mechanisms within their own institutions.
Implications for Governance and Stability
In a stark warning, the LNBA stated that if the Court’s ruling remains unchallenged, all actions taken under the Majority Bloc—including the enactment of the national budget—would be rendered unconstitutional. This could result in the illegalization of salary disbursements and government payments, threatening the stability of the state.
“The LNBA believes the Supreme Court has indicted itself of committing a very serious offense under the circumstance,” the statement read, calling on the Court to “reconsider and reverse itself” to prevent national disruption and a crisis of governance.
Political Question Doctrine and Quorum Dispute
The LNBA grounded its arguments in the Political Question Doctrine, asserting that the Supreme Court intruded into matters meant for political resolution. It emphasized that the Constitution, House rules, and established jurisprudence do not provide for the judiciary to interfere in internal legislative leadership changes or quorum interpretations.
The Bar particularly disagreed with the Court’s ruling that Speaker Koffa was “present and available” to preside over legislative sessions, citing that mere physical presence does not equate to active engagement in proceedings.
Call for National Mediation and Recommitment to Democratic Dialogue
To avert further institutional paralysis, the LNBA proposed the formation of an Independent Mediation Committee, comprising former Chief Justices, the LNBA leadership, civil society actors, and the Inter-Religious Council. This committee would aim to facilitate reconciliation and develop a consensus-based leadership framework in the House of Representatives.
In closing, the LNBA reaffirmed its commitment to upholding justice, protecting constitutional rights, and guiding the nation through complex constitutional challenges with professionalism and integrity.
“We urge all branches of government to respect constitutional boundaries and engage constructively to preserve Liberia’s democratic foundation,” said Cllr. Bornor M. Varmah, President of the LNBA.
