By Lincoln G. Peters
It appears like folks at the incoming ruling Unity Party have smelled the rat of a backlash in their lawsuit filed against newly elected Speaker Fonati Koffa in which they had questioned his citizenship, thereby withdrawing the case in less than 48 hours after filing.
UP on Wednesday withdrew its case filed before the Civil Law Court seeking to question House Speaker Koffa’s citizenship.
The opposition party, which is due to assume power on 22 January 2024, fled to the Civil Law Court after its candidate for the position of Speaker of the House of Representatives, Mr. Richard Nagbe Koon failed to win the top legislative seat against Koffa.
UP filed a petition for declaration judgment against Cllr. Koffa at the Civil Law Court regarding his alleged dual citizenship.
In its notice of withdrawal at the Civil Law Court dated Wednesday, 17 January 2024, the opposition party informed the court of its decision to withdraw the case.
“Please take judicial notice and spread on the records of this court that petitioner in the above-entitled cause of action, has on this day and date withdrawn its petition for declaratory judgment with reservation,” the judicial notice stated.
Earlier in its petition for declaratory judgment filed by its National Chairman Rev. J. Luther Tarpeh, National Secretary General Amos Tweh, and all other officials of the UP, the petitioner said Cllr. Koffa is a citizen of the United States of America.
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The UP urged the court to nullify Koffa’s election as Representative of Electoral District 2 of Grand Kru County.
The party cited several provisions to back its challenge of Koffa’s citizenship, including the Aliens and Nationality Law Relating to Citizenship and Restoring the Citizenship Right.
UP had argued that Article 4 Section 1 of the Aliens and Nationality Law provides that a Liberian citizen who holds the citizenship of another country shall not be eligible for any elective public office while still a citizen of another country.
It added that should such a person desire to contest for public office, the person must renounce the citizenship of the other country at least one year before applying to the National Elections Commission (NEC) to contest for an elective public office.
It noted that such documentary evidence of such renunciation of citizenship of the other country shall be filed with a circuit court in Liberia and with the NEC at least one year before application to the NEC to contest for the elective public.
The UP complained that Speaker Koffa is a citizen of the United States of America, and he holds a valid passport.
It argued that Speaker Koffa is not qualified to occupy an elected position under Liberian laws, referencing his alleged passport number as “489973788,” said to be issued 13 February 2012.
The UP involved the NEC in the case, arguing that the electoral house or the first respondent in the case, in keeping with the Constitution of Liberia, conducted a presidential and legislative election as the result of which the Cllr. Koffa was duly elected and certified by the NEC.
Before the withdrawal of the UP’s lawsuit, the assigned judge of the Civil Law court on Monday, 15 January 2024, had ordered the clerk Mr. Victor G. Gailor to issue a writ of summon for Koffa to appear and answer to the petition of declaratory judgment brought against him.
“You are hereby commanded to summon the respondents in the above-entitled cause of action, National Elections Commission, first respondent, and Cllr. J. Fointa Koffa, second respondent, to appear before this court to answer petitioners’ petition in the above-entitled cause of action,” the mandate had said.
The judge indicated that the respondents upon their failure to appear, judgment by default would have been rendered against them.
