Written By: Derrick Ernest Clarke
Introduction:
According to the late Massachusetts Representative Thomas P. O’Neil, all politics is local with a clear emphasis on composition and structure, especially in Legislative settings.
One thing he reminded us about is that local politics can either be geographically based representatives democracy and Direct democracy, where political decisions are taken by numbers.
This article examines some basic characteristics of the relationship between law and politics with the Liberian House of Representatives use as a case study.
The law functions in relation to politics in three basic aspects, namely as a goal, a means, or an obstacle.
Why Politics will reign Supreme over LegalityFirst, politics can define certain predominantly legal values or institutions as its goal.
In this case, the political bickering in the House of Representatives as regards Koffa’s removal is identical to a goal being set by group of disenfranchised lawmakers. Second, politics can comprehend the law merely as a means for the fulfillment of certain political interests.
In the case of the ongoing political and legal battle, politics has become nonaligned in its attitude toward the law. Finally, politics can interpret law as an obstacle on the way towards the realization of certain political goals.
In this situation, either politics prevails over law, or vice versa. In the first case, politics effectuates its solutions at the expense of the rule of law.
Law and politics create their own particular pictures of reality.
Sometimes those pictures overlap, sometimes they differ.
Yet, there is something that the law should never include in its sphere; namely, the differentiation of adversaries.
With what unfolding in the House of Representatives, politics will surmount the law on all fronts.
This leads to a strict separation between “ours” and “yours”, or, in its most radical expression, to a strict separation between friend and enemy.
When the latter occurs, politics inevitably prevails over the law.
From these explanations, and looking at how Speakers have been removed in the Liberian House of Representatives, politics have always overcome laws, because our local politics has told us that the best ways to dis-own a speaker is to be political more than legal because legality has a way of obstructing the will of the majority.
Since the election of Montserrado County District Eleven lawmaker, Richard Nagbe Koon as Speaker of the 55th National Legislature by some forty plus members of the House of Representatives, there are countless debates in various spectrum of society with diverse views on either side of the divide.
These debates are either self center or nationalistic, but with such a rigmarole, we can safely say the House of Representatives is in full swing and the business of the people are moving on smoothly because majority member of the Lower House have gathered among themselves to carry out such a mandate on the basic of majority.
Another key reason why Koon still holds on to the position of Speaker is the overwhelming support from the Executive, a branch of government that controls the operations of government to include finance and security.
Koon enjoys these key supports and as such, no amount of bickering on whose the speaker is will undo his speaker role.What led to Koffa RemovalHowever, there are things many people know that is right but have chosen to twist it there way to suit their own interest and have fallen short to address the cardinal issues surrounding the saga in the House of Representatives. Koon ascendancy to the post of Speaker is not an oversight journey.
It is a journey of determination and consistency characterized by perseverance.
Koon kept his ground solid, holding unto himself the block that gives him 33 votes in the January 15, 2024 elections .
He didn’t despise them , he kept them together knowing fully well he could become speaker one of these days.
With all the financial prowess by than Speaker Koffa yet and still he couldn’t defeat Koon with a wide margin, the difference of three separated them.
From this poor statistic, anyone could guess that Koffa was standing on a slippery ground to maintain his speaker position.
In the midst of this, Koon was degraded to a mere committee, known as the Carbon Hydro Committee, taking away his professional expertise in the areas of finance, banking and Accounting.
This is how politically misplaced Koon was by Koffa. From this very decision, Koffa forget that he was digging his own grave and one of these days he would be buried by some of his loyal supporters.
Koffa downfall stems from many reasons and Koon capitalized on these political lapses and captured the position in a well determined and calculated political maneuvering chemistry.
Koffa appointed all his close allies to strategic committees forgetting about those who didn’t vote him.
Those appointed on lucrative committees like the Rules and Orders Committee begun siphoning the gas slips and benefits of their colleagues without any remorse .
When they were approached on these issues, they blatantly played low key only because they were heavily backed by than Speaker Koffa. Koffa , with all fairness, allowed the speaker position to overwhelm him, forgetting to consolidate the base that brought him to power.
He even got so relax that he failed to recruit people on board who didn’t vote him by offering them Committees.
Koffa didn’t fulfill promises made to some of his disciples, he flip-flopped on these commitments only because he felt that he was having solid ties with the President.
Koffa , without any check and balance allowed Abu and Marvin to have their own ways on the Rules, Orders and Administration Committee by infesting the payroll of the House of Representatives with ghost names.
I can go on and on naming countless reasons why Koffa was dethroned but the above are quite sufficient to decrypt how Koffa dogged his own grave unknown to himself.
Why Koon is the Legitimate SpeakerKoon remains speaker so long the group of lawmakers who voted him into power still enjoy his confidence.
Anything short of that is a waste of time. It is a desert , because history, tradition and precedence has always reminded us that the Legislature has always been the political theatre of Liberia’s governance structure.
In Legislative politics, the number game is the biggest agglomeration in any fight, whether to protect your interest, to pass a legislation or to reject a bill.
To ensure all these attributes are voted upon, you must have the number, either simple or two- third as require.
Legality doesn’t in anyway play a major role when it comes to lawmakers removing or suspending any of their colleagues from position of trust.
What matters most is the number of followers you have.
Koon got the number to get him where he is today because he knows very well only the number could take him there.
Koon himself, knows if he foul-up and his number drops he will be removed by the same number.
Though, Koffa has the right to seek legal redress as regards his removal, at the end of the day, the number game will be fulfilled.
History has thought us that two speakers from the House of Representatives have been removed from office with the same number game.
So long the majority decides that they can no longer sit under the gavel of the Speaker they will convened another parallel session to nullify the authority of the speaker.
In my view, they know very well that he doesn’t have the number to conduct session.
The Majority guys were very calculative when they took the decision to remove Koffa knowing fully well that Article 33 in the Constitution failed to show how can a minority compel the absent members to return to session.
When we say this is highly political than legal, this is where the political debate comes from.
Even if Koffa wins the legal battle on the basis of Article 33, how will he compel them when there is no statue reflecting that.
This is the political argument left unsolved by the very constitution. And I don’t see lawmakers seeing the need to pass such a status as required by the constitution.
Due to the fact that they know this aspect of the law gives them the political might to unseat their speaker they will renege on passing such a status.
All two former speakers sought legal redress when they were removed by their colleagues, but did the legal side give them the job back, the question is no.
It is no, because the guys in the majority will use their numerical strength to weaken the minority and on the basis of morality, the speakers were compelled to resign instead of compelling their colleagues to return to session.
In all of history, all the removal of speakers at the House of Representatives ranging from Edwin Snowe to Alex Tyler have been political and the debate on legality in this particular saga will end up in a political compromise where one of the parties will politely resign when they notice they have vainly loss power even if the courts backs your cause for removal.
With this, Koon remains the Speaker of the Republic until otherwise others.
About the Author:Derrick Ernest Clarke is a professional Liberian Journalist with over 20 years’ experience in journalism and political studies. He holds a Bachelor of Art Degree in Mass Communications from the University of Liberia, and a Master in International Relations from the University of Liberia.
Among other experiences shaping the field of journalism through education, Mr. Clarke has written a number of articles ranging from politics, economics and the society.
He can be contacted by : dernest1979@gmail.com /0775675830
