Monrovia –The ongoing leadership crisis at the House of Representatives has compelled the Plenary of the Liberian Senate to mandate its Joint Committee on Ways, Means Finance and Budget and Judiciary to separately scrutinize the draft National Budget for Fiscal Year 2025, with doubts and uncertainties hanging over the timely passage of the financial instrument.
By Obediah Johnson, [email protected] and Gerald C. Koinyeneh, [email protected]
About 45 members of the House of Representatives calling themselves “Majority Bloc” have been gathering at the Joint Chambers of the National Legislature, calling on embattled Speaker Fonati Koffa to resign and submit himself to a probe for alleged acts of corruption, nepotism and conflict of interest.
However, the embattled Speaker has challenged his accusers to return to their regular Chamber and generate the 49 signatures needed to remove him from office in keeping with their Standing Rules and Procedures and the 1986 Liberian Constitution.
He has vowed not to succumb to pressure from his colleagues to resign as Speaker.
Despite the crisis, the Executive, through President Joseph Nyuma Boakai, took a decision to surreptitiously submit the country’s draft National Budget for Fiscal Year 2025 to the “Majority Bloc”, through the office of the Chief Clerk Mildred Sayon, who is reportedly on medical leave.
The letter accompanying the draft budget, along with the hard copy of the document, was reportedly handed over to Comicks Chea, the Deputy Chief Clerk of the House of Representatives, who has been working with the “Majority Bloc”.
It comes after President Boakai ignored a plea from embattled Speaker Koffa to renege on doing business with the “Majority Bloc” as their gathering was unconstitutional.
However, the “Majority Bloc” has received the draft budget and taken multiple decisions, including the appointment of an acting Chairman of the Ways, Means and Finance Committee of the House of Representatives.
Representative P. Mike Jurry was appointed to head the committee, which is presently being occupied by Representative Dixon Seboe (CDC, District #6, Montserrado County).
But on Tuesday, November 19, the Plenary of the Liberian Senate took a decision to avoid scrutinizing the draft national budget along with their colleagues from the House of Representatives due to the impasse.
The move was made following the reading and subsequent motion filed on a communication translating the national budget from President Boakai during the regular session at the Senate.
A motion for Senators to independently pursue the national budget and make allocations while awaiting their colleagues from the House of Representatives was filed by Senator Gbenzohngar Findley of Grand Bassa.
The Senate took the decision to independently scrutinize the draft budget due to the unresolved leadership struggle at the House of Representatives.
Separate hearings
Both the Ways, Means, Finance and Budget Committees of the “Majority Bloc” and the Liberian Senate are expected to hold separate budget hearings.
This implies that public officials from line ministries and agencies of the Liberian government would be constrained to appear twice or more before the two separate committees to provide their respective budget performance reports.
They would also appear to justify reasons why their budgetary allocations should be increased or maintained.
The possibility of members of the Executive branch appearing before the “Majority Bloc” to submit their budget performance reports and defend their respective allocations remains certain because the Executive has already commenced the transaction of normal businesses with the “Majority Bloc.”
Recently, three top ranking officials of the executive branch including the Ministers of Internal Affairs, Transport and the Managing Director of the Liberia Water and Sewer Corporation (LWSC) Francis Nyumalin, Ralph Tyler and Mohammed Ali appeared before the “Majority Bloc”.
Unprecedented
Normally, members of the Ways, Means, Finance and Budget committee of both the House of Representatives and Senate usually convene jointly to conduct budget hearings, make appropriations and advance recommendations to their respective plenaries for the smooth passage of the budget.
In the case of an amendment to the joint report submitted by each committee to their respective Plenaries, a conference committee is setup to determine the passage of the country’s financial envelope.
But with the new development or latest dramatic twist, it is clear that the draft national budget would not be passed sooner than expected.
Already, its submission to the Legislature was delayed by the Executive due to the crisis at the House of Representatives. President Boakai justified that he needed time to consult with his legal counsels before submitting.
Does the President understand that submitting the budget to the “majority bloc” (through the Deputy Chief Clerk) does not and cannot confer legal authority upon them to receive and act on it. Of course not, because only our constitution and laws can confer legal authority. Also, the anti-Koffa bloc does not have a constitutional mandate to hold “sessions” (Plenary Sitting). Whatever they’re doing at the Capitol is irregular.
Senator Augustine Chea, Sinoe County
The separate committees of the Senate and “Majority Bloc” would need ample time to invite heads of government ministries, agencies and others to hold public hearings and provide performance reports on the budget.
The delay may likely slow down efficiency and effectiveness as government ministries and agencies, especially those providing services to the Liberian people.
It would also affect the timely delivery of medical and educational supplies to public hospitals, clinics, schools, universities and colleges across the country.
‘Boakai is wrong’
Senator Augustine Chea of Sinoe County, a vocal critic of the Majority Bloc and the Executive, took to Facebook to condemn the submission of the budget by President Joseph Nyuma Boakai to the Deputy Chief Clerk of the House instead of the Speaker. Senator Chea, who chairs the Senate Judiciary, Human Rights, Claims, and Petition Committee, argued that this move violates the Liberian Constitution and established legislative practices.
Senator Chea’s Argument
In his post, Senator Chea cited Article 49 of the Constitution, which designates the Speaker as the presiding officer of the House of Representatives. He emphasized that communications to the House must be addressed to the Speaker unless incapacitated or absent.
“The House of Representatives has only one Presiding Officer, and that person is the Speaker. Nowhere in the Constitution is reference made to the Chief Clerk or Deputy Chief Clerk or any Majority Bloc having such authority,” Senator Chea stated.
He also referenced the Public Financial Management (PFM) Act of 2009, which mandates that the President submit the proposed budget to the Legislature. According to Senator Chea, this communication should have been addressed to the Speaker, who is the head of the Legislature.
“The submission of the budget to the Deputy Chief Clerk is procedurally, legally, administratively, and traditionally wrong,” he added. “What is not done legally is not done at all. Legally, the budget hasn’t been submitted to the Legislature.”
Implications of the Controversy
Senator Chea further criticized the Majority Bloc, arguing that their actions lack legal authority. He accused the President of undermining the rule of law by engaging with the Majority Bloc and allowing government officials to appear before them.
“This undermines the rule of law and creates disharmony between the Legislature and the Executive,” he warned, adding that such actions are a “recipe for conflict.”
Misinterpretation of House Rule 25.10
Senator Chea also addressed the interpretation of House Rule 25.10, which states that communications to the House when not in session should be addressed to the Chief Clerk. He clarified that the Legislature is still in session despite the ongoing leadership crisis in the House of Representatives.
“Our Legislative Session began on the second Monday in January and will continue until mid-December. The House is in session, but Plenary Sittings are not taking place due to the Speaker removal saga,” he explained.
Growing Rift in the Legislature
The dispute over the budget submission has deepened the divide within the Legislature, with some senators supporting the Majority Bloc’s actions while others, like Senator Chea, call them unconstitutional. The controversy has also sparked concerns about the relationship between the Executive and the Legislature, which had previously been described as harmonious.
As the leadership crisis persists, the legitimacy of the budget submission remains a contentious issue, with many lawmakers and legal experts awaiting further clarification from the courts if the majority Bloc’s action is challenged.
