By Agnes Tarr
The Unity Party (UP), through its legal team, has withdrawn its Petition for Declaratory Judgment with reservation filed against newly elected House Speaker J. Fonati Koffa, over controversies surrounding his citizenship.
In a notice of withdrawal dated Wednesday, January 17, 2024, the Unity Party (UP) was addressed to the Clerk of Sixth Judicial Circuit Court, Civil Law Court A for Montserrado County at the Temple of Justice, Monrovia, Liberia
“Mr. Clerk,” the UP lawyers assert, “you will please take judicial notice and spread upon the records of this Honorable Court that Petitioner in the above-entitled cause of action, has on this day and date WITHDRAW its Petition for Declaratory Judgment with reservation.”
The notice of withdrawal continues, “And for doing, this shall constitute you legal and sufficient authority in the premises.”
At the heel of the election of the Speaker of the lower house, the Unity Party through its leadership, filed a civil action against Cllr. J. Fonati Koffa at the Sixth Judicial Circuit Civil Law Court of Montserrado County, alleging that the Speaker-elect was a citizen of another country and was unqualified to contest a position in the House of Representative, pursuant to dual citizenship statute passed in 2022.
The UP 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 petition said that the first respondent, Speaker of the 55th Legislature Cllr. Koffa is a citizen of the United of America.
UP urged the court to nullify the election as representative of electoral District #2 of Grand Kru County, adding they attached a copy of the Resolution of the National Executive Committee to form a cogent part of the petition.
Providing its law citation, the UP cited Article 43 of the 1LCL Revised Section 43. 1 and also Article 4 Section 1 of the Act to Amend or nullify certain provisions of the Aliens and Nationality Law Relating to Citizenship and Restoring the Citizenship Right.
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.”
“Should such a person desire to contest for public office,” the UP challenges, “the person must renounce the citizenship of the other country at least one year before applying to the National Elections Commission to contest for an elective public office and 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 petitioner further argued that the Speaker Koffa is a citizen of the United States of America and holds a valid passport of the US.
The Unity Party claims that Speaker Koffa is not qualified to occupy an elected position under the law.
The UP submitted that the as citizen of the United States of America, noting that Koffa carries a passport with the number 489973788 issued February 13, 2012; hence, the UP sort a declaratory judgement to declare Koffa unfit to occupy an elected post.
The UP added that the National Election Commission of Liberia (NEC), in keeping with the Constitution of Liberia, conducted a presidential and legislative elections as the result of which Cllr. Koffa being duly elected was certified by the Commission. Meanwhile, the assigned judge of the Civil Law Court on Monday, January 15, 2024, ordered the clerk of the Court, Mr. Victor G. Gailor in a writ of summoned to the respondents to appear and answer to the petition of declaratory judgment brought against him. But that summons may never be heard as the UP has withdrawn its civil lawsuit against the NEC and Koffa.
