Liberia: Ex – Minister Akerele Seeks Supreme Court’s Clarification

A former Minister of Foreign Affairs from the Sirleaf administration is concerned about what she terms a lack of clarity surrounding the Supreme Court of Liberia’s opinion on the ongoing leadership crisis in the House of Representatives.

 – Former Foreign Minister Olubanke King Akerele raises concerns here over the lack of clarity surrounding the Supreme Court of Liberia’s opinion on the ongoing leadership crisis in the House of Representatives.

The High Court’s ambiguous opinion, issued on December 6, 2024, addresses the constitutional validity of actions taken by members of the House, specifically regarding the removal of Speaker J. Fonati Koffa, but took no definitive stance against either the majority bloc or Speaker Koffa and his supporters.

Madam Akerele emphasizes that the ruling has been subject to various interpretations, noting, “Especially the term ultra vires,” while calling for clearer guidance from professional legal bodies like the Liberian National Bar Association (LNBA).

Speaking after a retreat organized by Voices of Elders on Thursday, January 9, 2025, she expressed frustration over the ambiguity of the ruling, which has left many citizens confused.

“That the Minister of Justice had stated the government is implementing the decision, but the lack of a unified explanation from legal experts has made it difficult for the public to grasp its full implications”, she notes.

The glaring ambiguity led to the Executive Branch of the government, through the Ministry of Justice, providing interpretation on the side of the majority bloc that it publicly declared support for.

Despite not being a legal professional, Akerele, who described herself as a “first-class patriot,” insists that the public deserves clear and consistent interpretations to understand the High Court’s opinion better.

However, she hopes for a meeting with President Joseph Nyuma Boakai to seek further clarification on the matter, contrasting this with her previous experience when President George Weah declined to meet with elders.

The Supreme Court’s opinion reaffirmed its role as the final arbiter on constitutional matters, as outlined in Article 66 of the Liberian Constitution, and clarified its jurisdiction in adjudicating disputes within the legislature. A key part of the opinion was its interpretation of Articles 33 and 49, which govern the composition and operation of the House of Representatives.

The Court emphasized that actions taken outside the framework of these articles would be considered ultra vires, beyond legal authority. Specifically, it pointed out the lack of constitutional mechanisms to compel the attendance of absent members of the House and called for alignment with constitutional guidelines in legislative operations.

The opinion stems from the controversy surrounding the decision of some members of the House, who dubbed themselves as the majority bloc, to remove Speaker Koffa, which was done without full adherence to the constitutional process.

On October 17, 2024, 47 members of the House read a resolution to remove Koffa, citing allegations of misconduct and administrative incompetence.

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This action was later followed by an official vote on November 21, 2024, by the “Majority Bloc,” which removed Koffa from his position with support from 50 representatives. The Supreme Court’s decision has now pressured the House to comply with constitutional requirements in such matters.

The former minister, who served under Ex-president Ellen Johnson Sirleaf, believes the lack of clarity and varying interpretations of the Supreme Court’s position have led to significant public concern.

Akerele and other voices call for greater transparency and legal guidance to ensure that all actors understand and follow the constitutional framework.

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