Liberia: UP Sues Speaker Koffa over Dual Citizenship
House Speaker Cllr. Fonati Koffa.
— Says his election should be nullified
Just hours after his election as Speaker of the House of Representatives, the Unity Party (UP) initiated legal action against Speaker Jonathan Fonati Koffa to have his position nullified and subsequently evicted from the legislature.
The incoming ruling party, through its National Chairman Rev. J. Luther Tarpeh and National Secretary General Amos Tweh, filed a petition for ‘Declaratory Judgment’ against the National Election Commission (NEC), seeking to nullify Koffa’s election and have him removed from the National Legislature.
In the petition submitted to the Circuit Judge of the Sixth Judicial Circuit Court at the Temple of Justice, Golda Bonah-Elliott, the Unity Party argued that Koffa was not qualified to hold an elected position based on various reasons, including that he holds dual citizenship.
They also referred to Article 4 Section 1 of the Act To Amend and/or Nullify Certain Provisions of The Aliens and Nationality Law Relating To Citizenship, which states that a Liberian citizen holding citizenship of another country is not eligible for elective public office.
The provision provides 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.
In its petition, the Unity Party further argued that should such a person desire to contest for elective public office, the person must renounce the citizenship of the other country at least one (1) year prior to applying to the NEC to contest for an elective public office and such documentary evidence of such renunciation of citizenship of the other country shall be filed with a circuit court in Liberia and with the commission at least one (1) year before application to the National Elections Commission to contest for the elective public office.”
UP submitted to the court that Koffa, the 2nd Respondent in the suit, is a citizen of the United States of America holding passport number 489973788 issued on February 13, 2012, and therefore requests the nullification of his election as a representative in the Legislature of Liberia.
The party stated that it won the Presidential Election and has a legislative agenda to pursue in the incoming government. Therefore, its Executive Committee authorized the legal recourse to nullify Koffa’s election.
The Unity Party presented evidence, including a resolution of its NEC to support their petition. They pointed out that the NEC conducted the Presidential and General Elections following Liberia’s constitution, resulting in Koffa's election and certification as the Representative of Electoral District #2 of Grand Kru County.
Koffa won a decisive contest in the race for the speakership against UP candidate, Richard Koon, beating him to the seat with 36-31 votes. The defeat came as a huge blow to the UP, who desperately wanted to control both houses of the legislature.
Consequent to the UP’s petition, the Court, on January 15, commanded its Sheriff, Captain Humphrey Seequeh, or his Deputy to summon the National Election Commission, 1st Respondent, and Cllr. Jonathan Koffa, 2nd Respondent, before the civil law court in its December Term.
“You are hereby commanded to summon the respondents in the above title cause of action to appear 2023, to answer the petitioner’s petition in the above-titled cause of action, and to notify the respondents that upon their failure to appear judgment by default will be rendered against them,” a writ given the Sheriff said.
The writ further commanded the Sheriff to notify the said respondents to file former appearance or returns of the petition in Her Honor’s office on or before the 25th day of January, AD, 2024.
Meanwhile, the writ signed by the Clerk of the Court under the seal of the Court requested the Sheriff to make official returns endorsed on the back of the writ of summons, as the manner of service on or before the 25th day of January, AD, 2024.
As a result of the Unity Party’s petition, the Court has summoned the National Election Commission and Cllr. Jonathan Koffa to appear before the civil law court to answer the petition. Failure to appear may result in a judgment by default.
The court has set a deadline for the respondents to file their appearances or returns for the petition. The legal proceedings are ongoing, and further updates will be provided as the case progresses.