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Did The S/Court Contradict Itself?

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By Gideon Nma Scott, Jr.

In an ardent posture, the Chief Justice of the Supreme Court declared that the election of Koon as Speaker of the House of Representatives by the majority bloc was a direct afront to constitutional governance, describing the passage of the National Budget by the group as a reckless endangerment to Liberia’s fiscal credibility; even though, the very Supreme Court defended its 2025 budget before the very group that recklessly endangered Liberia’s fiscal credibility. The chief Justice therefore denounced the legitimacy of Koon and his majority bloc, noting that the actions of the majority bloc were unconstitutional, unauthorized and devoid of legal merit.

“All these actions were done in deliberate and intentional violation of the Constitution. Any sittings or actions by members of the legislature not in conformity with the intent of Articles 33 and 49 are ultra vires. Failure to abide by the mandate of the Constitution is repugnant to this supreme and fundamental law” Justice Youh concluded.

Since what I term “a controversial ruling” by the Supreme Court of Liberia in the Bill of Information filed by embattled speaker of the House of Representatives of the 55 National Legislature, many Liberians in various quarters are debating the issue based on their own understanding and interpretation of the Law. Some people in the opposition are threatening protest actions against the government should it not compel the majority confer on Kofa the speakership. On the other hand, people from the ruling establishment have gone back to the same court for further explanation on the matter. Others are calling on members of the majority bloc to begin an impeachment against the Chief Justice for mischaracterizing the law. Still other are encouraging the President, who have been looking silently at the rig-mar-roe, to intervene, though he said he would work with the majority, insinuating that wherever the majority is, there he would be.

Here, I’m thinking whether the April 23 ruling by the Supreme Court was for the good of the state or was it intended to satisfy certain individuals or was it intended to stir up chaos in the country? One of the justices on the Supreme Court Bench, Yarmie Gbeisay distanced himself from the ruling, and contended that his colleagues mischaracterized the judgement, misconstrued it as mandate and are using a Bill of Information to inappropriately revisit a settled matter. “The information requested was essentially for a declaration of unconstitutionality. It is not the purpose of a Bill of Information,” Justice Gbeisay said, describing the Bill of Information as a backdoor tactic. “And this court cannot allow a party to pursue their right through a wrong path,” the justice added, citing rule IV, Part 12 of the Supreme Court’s Revised Rules. Following the argument by Associate Justice Yarmie Gbeisay, it is clear that the Supreme Court contradicted itself in the ruling-that the ruling was not in line with the Bill of Information sought by Koffa, that the court cannot render two or separate opinions on the same matter and ruling of the court should not defy, interfere or disrespect the principle of the separation of power by the three branches of the Liberian government.

As the drama, which is threatening the stability of the state that suffered a bloody past, unfolds on Capitol Hill, let us all remember that the peace we enjoy today is not one that came easily; not without tears and agony; our own blood and those of strangers. With gratitude, we must, all of us, struggle to sustain this peace in our places of life and work, now vow to enhance this precious gift; forged by the efforts of men and women and established by the will of God. We must keep it not just for the good of our children, but for our neighbors also, many of whom sacrificed their peace for our own. This administration is sitting on the shoulders of more than two decades of peace for which it should be thankful.

Instead of beating the drums of war through the Supreme Court ruling, through our conversations and dialogues, it is about time that elevate the terms and tenor of our interactions and public discourse. In his 2017 oration on July 26, Dr. Herman Brown of the Episcopal Church of Liberia called on Liberians to think less about seats and salaries in the legislature and more about service and sacrifice to country and people; less about reputation and privilege and more about responsibility and impact; and we must learn all over again a respect for the truth in the public space.

The nearly 14 years of civil destroyed every infrastructure and institution in the country. Health centers and places that provided sound and quality education to our children, our cultural heritage as well the respect for leaders, the rule of law and its enforcement were shattered in the debris of the war. Thankfully now, that we’ve had government that is committed restoring hope for a better and brighter future for a nation that have experienced bad governance since its birth.

That President have accepted the high court’s ruling and promised to work with the majority, whoever has it or wherever it will be, it is now about political engagement between the two Kru Boys now in center stage; to see on whose way the majority will go- Kofa or Koon.

While Chief Justice Youh’s ruling, which I think is a contradiction of itself, may be used by people in the opposition as a factor to ignite violence in our country, it behooves us to encourage national leaders see the ruling as a call to justice and that “Liberia is a country of law and not men.
The thought of the son of a professional Kru woman.

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