IN HOUSE SPEAKERSHIP SAGA, COURT DISMISSES KOFFA’S PETITION IN LEGAL BATTLE

By Florence D. Nyenatiee

January 28, 2025

Monrovia: Judge George Smith, Resident Judge of the Six Judicial Circuit Civil Law Court has dismissed a Petition for Declaratory Judgment with costs against embattled Speaker Cllr. Fonati Koffa’s legal team. The decision made on Monday, January 27, 2025, reinforces precedents established by the Supreme Court and further clarifies the Civil Law Court’s limitations in interfering with matters already settled by higher judicial authority.

The petition, filed by embattled speaker Koffa’s legal team, calls for the Civil Law Court to legally enforce previous Supreme Court decisions regarding the Majority and Minority Bloc case. Judge Smith’s ruling, however, affirmed that the Civil Law Court, as a subordinate court, does not have jurisdiction to review or overrule decisions made by the Supreme Court, even in the form of a “Petition for Declaratory Judgment.” Judge Smith emphasized that in legal matters courts should focus on the intent and substance of the case rather than rigidly adhering to formalities.

He further noted that, even if the court had jurisdiction over the matter, issuing a declaratory judgment would not resolve the central controversy that initiated the case, adding that such a judgment would not bring clarity or closure to the dispute.

He added that the approach aligns with Section 43.5 of the Civil Procedure Law, which restricts the issuance of declaratory judgments to situations where it would effectively end the uncertainty or controversy at the heart of the proceedings. Judge Smith granted the motion to dismiss filed by the Majority Bloc’s legal team and ruled that the Petition for Declaratory Judgment be dismissed with costs imposed on the petitioners.

The decision of Judge Smith comes after a motion to dismiss was filed by the majority Bloc speaker Richard Koon. The ruling states: “Wherefore, in view of the foregoing, the motion to dismissed is hereby granted, and the petition for declaratory judgement is dismissed with costs against Hon. Jonathan Fonati Koffa and his co-respondents who are also petitioners in the declaratory judgement petition. It Is Hereby So Ordered” Jonathan Fonati Koffa and his co-respondents are required to bear the costs associated with the case.

According to Judge Smith, the Petition for declaratory Judgement that was filed on December 6th, 2024, has the same Petitioners and Case Title which was filed at the supreme court that which was already decided.