Liberia: Rep. Koffa Violating Dual Citizenship Law?

As lawmakers go to elect their Speaker and Deputy Speaker today, a legal suit could squash Koffa’s speakership ambition.

The leadership of the incoming ruling establishment, the Unity Party (UP), has announced plans to file a legal suit against Grand Kru County District #2 Representative J. Fonati Koffa to prevent him from contesting for the speakership of the 55th Legislature, ahead of the election scheduled for today, January 15, 2024.

The Unity Party claims that Representative Koffa holds dual citizenship of both Liberia and the United States of America, and therefore, he is not qualified to hold elective public office in Liberia.

Representative Koffa, who is believed to have the majority bloc of 38 lawmakers ready to vote in his favor, is poised to contest against Montserrado County District #11 Representative and Unity Party’s candidate, Richard Nagbe Koon, who has 33 lawmakers supporting his bid in the speakership elections today, Monday, January 15.

However, in July 2022, President George M. Weah signed an amendment to the Alien and Nationality Law allowing dual citizenship for Liberians specifically of “Negro descent.” But under this new law, Liberian citizens with dual nationality are prevented from holding some public offices. Additionally, the law states that a Liberian citizen who holds the citizenship of another country shall not be eligible for any elective public office while still a citizen of another country. 

Though Representative Koffa of the outgoing Coalition for Democratic Change (CDC) served in the 54th Legislature for six years and also served as deputy speaker since 2021, his bid is now threatened after President-elect Joseph N. Boakai rejected his request to hold the speaker position.

The leadership of the Unity Party, headed by President-elect Boakai, has argued that the outgoing CDC under President George M. Weah held the speakership for six years, and therefore, the Unity Party should have the same leverage in the Legislature.

However, Montserrado County District #10 Representative, Yekeh Kolubah who campaigned vigorously for President-elect Boakai, has frowned on the Unity Party’s decision to produce a speaker.

“We were against President Weah’s decision to have the speaker from the CDC and we said it was wrong and so it is wrong for Boakai to insist on the Unity Party producing the speaker today. I will not vote for the Unity Party’s candidate,” Kolubah told journalists.

Koon’s position

However, Koon, who is a stalwart of the Unity Party and the party’s candidate for the speakership election, said he is considering talking to the legal team about abandoning their decision to institute legal action against Koffa’s citizenship, but the party is resolved to institute legal action tomorrow.

Meanwhile, Koon said that based on the power of the speaker in Liberia, he believes that it is necessary that the Unity Party have a speaker that can drive President Joseph N. Boakai’s legislative agenda for the next six years.

“I am trying to reduce the overly powerful power of the speaker at the legislature because the speaker can control the floor, especially a debate the speaker wants to control,” Koon stated. 

“If I assume to be the speaker of the 55th Legislature and you don’t have the best, don’t believe me. Speaker Chambers would protect the executive to the detriment of us, his colleagues. For instance, if lawmakers intend to invite the minister for inquiries, he will insist we invite the minister in a secret session, or tell us that the man is not well. And if the executive brings a bill, and the President wants it passed, he will do all he can to pass the bill.” 

According to him, it’s time for the 2017 scenarios to be repeated in 2024 by ensuring that the speaker comes from the ruling party, but Koffa and his supporters are refusing after being called by the president-elect to support me. 

“It’s an indication that these guys have different motives. And once you vote against me on Monday, you have voted against President Joseph N. Boakai, and it means you don’t want Boakai,” Koon said.

“The issue of the citizenship of Koffa can remove him from the Legislature if it is proven that he holds American citizenship. Koffa failed to denounce his American citizenship, and because he knows that the law will hold him and remove him from the Legislature, he is fighting back,” he said.

Koon added that “Koffa lied to the Liberian people that he is not an American citizen. By right, Koffa needed to denounce the issue of citizenship and attached it to the document submitted to the National elections Commission (NEC) and if you check the lower court, nothing of such is there.” 

Does Koffa stand to be elected or denied based on the Unity Party’s Legal issue?

Koffa, who is a counselor, appeared not to be moved by the incoming ruling party’s decision to institute legal action against his citizenship today, as the Grand Kru lawmaker claimed he has the numbers and is poised to win today’s election. 

On Monday, January 15, 2024, 71 Representatives of the total of 73 Representatives will cast their vote for both the Speaker and Deputy Speaker if the numbers announced by Team Koffa and Team Koon are anything to consider.

Though Koffa has the majority bloc, his party, the Coalition for Democratic Change, has issued a threat that any attempts to deny Koffa the speakership position will lead to a boycott of President-elect Boakai’s inauguration scheduled for Monday, January 22, 2024.

Accordingly, for the inauguration to take place, the Speaker must call a session to order, and two-thirds of the current legislature must be in attendance, which now poses a threat to President-elect Boakai taking over from outgoing President Weah. 

“However, any attempt by the legislature to prevent a constitutional transfer of power — in favor of a colleague who is in violation of Liberian law — will likely be regarded as treasonous,” a lawyer who asked to remain anonymous said.