Claim: “Four lawmakers compliant Speaker Koffa to the leadership of the House instead of the Speaker, which is not cognizable under the House Rules.”
Source: Acarous M. Gray, former Montserrado District no. 8 representative
Full Text: Acarous M. Gray, Former Representative, of Montserrado County District #8 on November 6, 2024, posted on social media that those lawmakers who are seeking the removal of Speaker J. Fonati Koffa have filed a complaint to the leadership of the House instead of the Speaker as per the Rules.
This post attracted 172 reactions, 224 comments, and 20 shares at the time of the check.
The backdrop to this procedural issue involves significant political tension within the House.
Speaker Koffa is faced with allegations ranging from financial mismanagement to loss of confidence among a faction of lawmakers. Recent attempts by a majority block within the House to convene sessions without Koffa have further complicated matters, leading to disputes over legitimacy and adherence to constitutional requirements for quorum and leadership, as well as disrespect for the House’s rules.
Verification: Gray emphasized the established procedures for filing complaints against House members, stating that complaints should be submitted to the Speaker with evidence, and the matter will be investigated by the Committee on Rules and Order. He argued that complaints filed by the Majority Bloc were improperly submitted to the leadership based on 48 of the House’s Rule.
The Stage Media looks at Rule 48 of the House of Representatives under the title, “Observering the Ethics.
Rules 48.1 states that “The House shall take disciplinary measures against any member who violates or fails to comply with the House ethics and procedure specified in this rule. 48.2 Where any member is aware of the existence of a breach of the code of conduct and procedure, he/she may request the House to take the necessary disciplinary measures against any member who is alleged to have committed the breach.
Rule 48.3 The request to be presented according to Chapter XI of this rule shall be in writing and submitted to the Speaker together with the evidence. 48.4 The Speaker shall refer the matter to the Committee on Rules and Order; the House, after examining the report and recommendation submitted by that committee, shall render its decision; and the decision shall be final.”
P. Mike Jurry, Representative, Maryland County District # 1 who is also one of those lawmakers requesting for the removal of Koffa said Rule 48 (Observing the Ethics) has recently been applied in the ongoing crisis within the House.
He emphasized that any member against whom a request for disciplinary action is presented has the right to due process.
Jurry noted that several written complaints have been filed outlining the consequences of their non-compliance against members which include Speaker Koffa.
He added that “these complaints were given ample time to respond verbally or written. Interestingly, they failed to respond or appear. None of the members showed up or made themselves available for discussions,” he stressed.
Jury narrated that the Legislature functions through committees designed to investigate these complaints, adding, “each committee is responsible for submitting a report on its findings, which will then be discussed in plenary sessions that are accessible to the media, ensuring transparency in the process.”
The majority bloc that is requesting the removal of the speaker of the 55th legislature on Tuesday, November 12, 2024, constituted a specialized committee to investigate Koffa on several counts of accusations, including corruption and violation of the House’s rules, among others.
Where the majority bloc was convening, some men attempted to forcibly enter the joint chamber. They managed to partially break down the door and use pepper spray, which caused significant distress among the lawmakers present, leading to sneezing and coughing fits.
In response to the chaos, Deputy Speaker Thomas Fallah urged his colleagues to proceed with their legislative duties despite the disturbance. They established a committee to investigate the embattled Speaker.
Those named on the Committee to investigate Koffa are: Representatives Michael Thomas, Chairman, Marie Johnson, Co-Chair, Earnest Manseah, Member, Austin Taylor, Member, Mannah Bishop Johnson, Member; Sam P. Jallah, Member; and Clarence Banks, Member.
Also, the majority bloc set up an ad hoc committee to probe into allegations of civil disorder involving four (4) lawmakers, specifically Representatives Marvin Cole, Frank Saah Foko, Eugene Kollie, Edward Papay Flomo, and others who were seen in a live video preventing Deputy Speaker Thomas Fallah and other Lawmakers from entering the main chamber on a session day.
Conclusion: After reading rule 48, TSM established that Gray is correct about the four lawmakers’ complaint against Speaker Koffa to the leadership of the House instead of the Speaker, which is not cognizable under the House Rules.
According to rules 48.3 and 48.4, the complaint should be in writing and submitted to the Speaker together with the evidence and the Speaker shall refer the matter to the Committee on Rules and Order and after examining the report and recommendation submitted by that committee, shall render its decision.