From the Pages of History: A Cautionary Reflection on the Ides of March

By Hun-Bu Tulay

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“Truth can often be elusive in our current times, and misinformation is deeply entrenched. It takes a discerning mind that values truth to navigate through these complexities.” From a guide Political Dinosaurs Nearing Completion by the writer.

On June 30, 1905, a promising younger man, simply twenty-six years outdated, revealed a groundbreaking scientific paper titled “Zur Elektrodynamik bewegter Körper” (Electrodynamics of Moving Bodies). This work launched his principle of Special Relativity and was featured within the German Physics Journal, Annalen der Physik. The paper was reviewed by 100 and fifty scientists, ten of whom offered their interpretations. The paper’s writer was made conscious of those critiques and believed that nobody might clarify his concepts extra successfully than he might. His perspective was that interpretations by others may typically be partial. This younger scientist was Albert Einstein, a monumental determine within the fields of physics and arithmetic within the twentieth century.

The Truth

As we mirror on Liberia’s trajectory, a number of key questions repeatedly come up: “Do Liberians genuinely seek to hear the TRUTH?” If the reply is affirmative, we should think about whether or not the present era possesses civility and decency to embrace the reality and rise above previous tendencies to miss it. It is essential that we have interaction with these inquiries earnestly if we want to handle the present challenges inside the House of Representatives. If we maintain true to the primary verse and the fifth stanza of our National Anthem, which emphasizes unity and the pursuit of liberty, we should ask ourselves whether or not we’re actually dwelling as much as these beliefs as a nation. Let us take time to look at our nation’s historic context thoughtfully.

Who is the most effective interpreter of a written doc?

Much just like the aforementioned physicist, quite a few authorized thinkers have endeavored to interpret the Supreme Court’s ruling or opinion. Interpretations have assorted primarily based on alignment, resulting in claims of victory from completely different sides. Yet, for these of us who strategy these issues from a impartial standpoint, the important query stays: will we possess civility and decency to simply accept no matter reality could come up? It raises a pertinent level: why not have interaction straight with the courtroom that issued the ruling? There appears to be a reluctance from each factions to take action, maybe as a result of they every favor interpretations of reality that align with their positions.

What the minority block ought to have requested for

We acknowledge that the minority group has submitted a Bill of Information to the Honorable Supreme Court. However, we should thoughtfully think about whether or not this was probably the most acceptable plan of action. A Bill of Information is often a authorized doc that formally fees somebody with a criminal offense, and if authorized specialists agree on this definition, it could recommend {that a} reevaluation is warranted. It can be helpful for the Legal Team of the minority group to boost their strategy and keep away from potential misunderstandings. The courtroom won’t provide you with what you didn’t ask. In our perspective, a Bill of Clarification concerning the Supreme Court’s ruling would have been extra appropriate. Such a invoice seeks to make clear any ambiguities surrounding a previous order or ruling that the events concerned don’t totally comprehend.

Many readers could recall our earlier discourse titled “Bad Lawyers and Good Lawyers,” highlighting the challenges posed by numerous much less efficient authorized practitioners in Liberia, contributing to unlucky outcomes in numerous instances.

Article 49 of the structure

If the minority block authorized group had used this text to their benefit, the courtroom would have responded otherwise. One vital difficulty that seems to have been neglected within the minority group’s most up-to-date petition pertains to the primary sentence of Article 49: “The House of Representatives shall elect once every six years a speaker who shall be the presiding officer of that body, and the deputy speaker, and such other officers as shall ensure the proper functioning of the House.” This article clearly stipulates that each one seventy-three Representatives ought to convene to elect a speaker not a majority Block or minority block as was performed in electing Representative Richard Koon. If this elementary query was posed within the preliminary petition, the High Court would have addressed whether or not a faction or block of members of the House of Representatives the authorized authority and capability has to elect a speaker independently.

The Minister of Justice Act is contemptuous.

If the events genuinely want to uncover the reality, it might be prudent to petition the Supreme Court for clarification on the ruling. Moreover, it might have been extra acceptable for the Minister of Justice, as dean of the excessive courtroom, to formally request such clarification reasonably than offering an opinion. The minister’s opinions are sometimes reserved for constitutional issues and the interpretation of legal guidelines. In numerous jurisdictions, conflicting opinions from a minister could result in critical considerations, and it is very important uphold the integrity of our judicial course of. Councilor Christian Abayomi Cassell was disbarred by the excessive courtroom in 1961 for a lesser motion. Associate Justice Pierre learn the opinion of the excessive courtroom.

The High Court Ruling

As you delve into Pages 27 to 34, those that embody intelligence and a quest for reality will acknowledge that there is no such thing as a ambiguity inside the opinion. It is just not unusual for people as a consequence of restricted comprehension and a battle with the English language, which will not be their native tongue to misconstrue written paperwork. In the High Court ruling, continuous references to Articles 33 and 49 illuminate this level. Article 33 emphasizes: “A simple majority of each House shall constitute a quorum for the transaction of business, yet a lower number may adjourn and compel the attendance of absent members. When the House of Representatives or the Senate convenes in a joint session, the presiding officer is the Speaker of the House of Representatives. Article 49 notes: “The House of Representatives shall elect a Speaker every six years, who acts as the presiding officer, alongside a Deputy Speaker and other necessary officers to ensure the proper functioning of the House. The Speaker, Deputy Speaker, and other elected officers may be removed for cause, which requires a resolution signed by two-thirds of the entire members.” Rule 10 of the House underscores the method of eradicating elected officers (two-thirds of your complete members).

Additionally, Article 38 provides highly effective perception: “Each House shall adopt its own rules of procedure, enforce order, and expel a member for cause with two-thirds of the entire membership. Each House shall create its own committees and subcommittees, ensuring that committees on revenue and appropriations consist of one member from each county. All rules adopted by the Legislature shall uphold the principles of due process as outlined in the Constitution.”

Chapter III, Article 20-a boldly states what due course of is: “No person shall be deprived of life, security, property, privilege, or any other right granted by election except through a hearing judgment consistent with this Constitution and due process of law.”

The pathway for eradicating a Speaker in Liberia is clearly outlined:

According to the Constitution, the Speaker’s elimination requires: 1. initiating a decision stating the explanation (s) for elimination signed by two-thirds of your complete members of the House. In this case by 49 members of the House of Representative. 2. Following due course of, which ensures equity in authorized issues, civil and prison alike. Adherence to procedures laid out by the Constitution, statutes, and judicial practices together with discover of rights is crucial to forestall prejudicial or unequal remedy. 3. Due course of requires acquiring two-thirds votes from your complete membership, not merely an extraordinary majority of these current and voting. It is alleged that fifty members of your complete House signed the decision however solely 43 have been current on the day of elimination. This motion contradicts Article 49 of the structure. Secondly, it’s also alleged that there have been NO VOTES TAKEN. How do we all know that the signatures on the decision weren’t by somebody sitting in a single room in West Point? Even in jury trial, when a verdict is reached and signed by the jury and given to the presiding Judge. The Judge typically asks members of the jury if every of them agree with the decision. This represents a vote for every.

The crux of the matter is whether or not these processes have been upheld within the elimination of Speaker Koffa. We consider these missteps could also be what the High Court refers to as ULTRA VIRES. This signifies actions taken past the authorized scope of authority, actions corresponding to eradicating the Speaker, electing a brand new one, reconstituting House Committees, and suspending House Members.

Ultimately, the High Court’s order for all events to revert to their established order.  This phrase means: when a swimsuit is instituted then the one who is holding the possession and title shall retain such possession and title till the swimsuit is disposed of. Since every social gathering is claiming victory, this means that the established order nonetheless holds. The High Court might view such actions of some members of the House as contemptuous.

As we conclude, we wish to mirror on the insightful phrases of President Joseph N. Boakai concerning Sound and Honest Leadership: “We have the opportunity to change the course of history in this country. As I have always said, our country holds many promises, and it is up to us as a generation to seize it and transform our nation so that everyone has a fair chance at a better livelihood. I reiterate my belief that Liberia is not lacking in resources, but rather, the challenges we face stem from a deficit of SOUND and HONEST LEADERSHIP. The elections are behind us; now is the time to engage in meaningful work.”

Let us have interaction in a considerate evaluation of this assertion. What constitutes Sound Leadership? It is characterised by decision-making that prioritizes the welfare of the individuals and goals to uplift them from poverty. Honest Leadership includes transparency, sincerity, and direct communication with all stakeholders. It additionally embodies a willingness to acknowledge errors and develop from them. The essential query stays: Do we, as Liberians, acknowledge these qualities within the management of our previous and present presidents? Words carry little weight if they aren’t backed by constant actions.  Maybe it’s time to acknowledge the error we’ve made in dealing with the disaster within the House of Representative and switch the web page. If we don’t, this can proceed as much as the tip of January 2025. And we could find yourself in a constitutional disaster as a result of on the President Annual Message, who would be the presiding officer? Koffa or Koon.

Conclusion

In closing, it is very important word that it’s not at all times probably the most intellectually gifted or vocal politicians who endure, however those that are adaptable and responsive to alter who depart a long-lasting influence on their constituents. President Boakai, it could be helpful to re-evaluate the composition of your authorized group at each the Ministry of Justice and the Ministry of State for Presidential Affairs in addition to a few of your ministers. Prudence and reflection could information us by means of the challenges forward. President Boakai, you might be surrounded by Robin Hoods and Illiterates of the twenty first century. Just like President Tolbert was. President Boakai, please because the Chief Law Enforcement officer of the nation, don’t use the safety towards the representatives. Many African Leaders did the identical and it didn’t finish for them.

 Recommendation:

For the better good of the nation, we encourage J. Fonati Koffa to take the suitable steps for Liberia following the High Court clarification, which might probably profit him. This could entail stepping apart and permitting a contemporary election to happen. Likewise, we implore President Boakai to reveal true management by requesting Richard Koon to not contest the forthcoming election for Speaker. The nation deserves a speaker who will bridge the divide between the Majority and Minority Blocks; both Koffa or Koon holds the potential to perform this unifying imaginative and prescient.

 Beware of the Ides of March.