The Supreme Court of Liberia has ruled that any actions taken by members of the House of Representatives without following Articles 33 and 49 of the Constitution are invalid and beyond their legal power [1]. In a unanimous decision signed by Chief Justice Sie-A-Nyene G. Yuoh and all Associate Justices, the Court declared actions taken by the House of Representatives majority bloc as ultra vires, effectively nullifying their attempts to restructure legislative leadership outside constitutional bounds [1]. This ruling not only resolves the immediate crisis but also establishes crucial precedents for constitutional interpretation and legislative procedure.
The Court's ruling emphasizes that the Constitution must be interpreted holistically, rather than through isolated provisions. Every constitutional provision carries equal importance, and when apparent discrepancies exist between different provisions, the Court must harmonize them if possible [1]. This principle of constitutional interpretation provides a crucial framework for understanding the relationship between different constitutional provisions.
In its interpretation of Article 33 of the 1986 Constitution, the Court established that regardless of whether a simple majority is sitting, or a lower number is present, a Presiding Officer must be present. This Presiding Officer, as defined in Article 49, must be either the Speaker or, in their absence, the Deputy Speaker [1]. This requirement creates a clear procedural mandate for all legislative sessions.
The Court identified a significant constitutional gap regarding situations where the Speaker presides over a minority. The Constitution lacks any mechanism for compelling the attendance of absent members but also implies that those absent lawmakers cannot do anything outside the authority of the Presiding Officer. And advised the Legislature to fashion statutes or standing rules to address this issue [1]. This procedural vacuum highlights the need for legislative action to establish clear rules for such situations.
Importantly, the Court explicitly acknowledged the limitations of its authority, stating that it cannot fill these procedural gaps for the Legislature, as doing so would violate the constitutional mandate on separation of powers [1]. This recognition of institutional boundaries reinforces the democratic principle of separate but equal branches of government.
The ruling concludes with a clear directive: any sittings or actions by members of the Legislature not in conformity with Articles 33 and 49 of the Constitution are ultra vires [2]. This determination effectively invalidates actions taken without proper constitutional authority and requires members of the House of Representatives to conduct themselves following these constitutional requirements.
The unanimous nature of this decision, signed by Chief Justice Sie-A-Nyene G. Yuoh and all Associate Justices [2], gives it particular weight and authority. This unity in constitutional interpretation provides clear guidance for all branches of government and strengthens the institutional framework of Liberian democracy. The ruling represents a defining moment in Liberian constitutional law, establishing that procedural requirements and constitutional mandates must be strictly observed in legislative operations.
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References:
[5] https://frontpageafricaonline.com/breaking-news/liberia-supreme-court-ruling-sparks-confusion-as-both-sides-declare-victory/Supreme Court Rules, Majority Bloc, Actions Declared Ultra Vires! Supreme Court Rules, Majority Bloc, Actions Declared Ultra Vires!
[6] https://businessday.ng/opinion/article/liberian-house-crisis-a-tipping-point-for-rule-of-law-in-west-africa/Supreme Court Rules, Majority Bloc, Actions Declared Ultra Vires!
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