Monrovia, Liberia – The House of Representatives’ decision to expel Representative Yekeh Kolubah of Montserrado County District #10 has drawn harsh criticism from prominent Liberian legal scholar and human rights lawyer Tiawan Saye Gongloe, who calls the action unconstitutional and a grave threat to Liberia’s democracy.
Cllr. Gongloe claimed in a strongly worded constitutional advise on his Facebook site that the 1986 Constitution’s fundamental rights were violated by Kolubah’s expulsion, which was allegedly related to remarks he made regarding the Makona River boundary dispute between Liberia and Guinea.
“The issue is not whether Kolubah was right or wrong. The issue is whether Liberia remains a constitutional democracy governed by law, or by political emotion,” he narrated.
According to reports, Rep. Kolubah stated that Guinea owns the disputed Makona River region. This remark offended other lawmakers and resulted in disciplinary proceedings. Cllr. Gongloe maintains that despite the controversy surrounding the statement, it is not illegal.
Gongloe emphasized that all organs of government, including the Legislature, are bound by the guaranteed rights of freedom of thought, conscience, and speech, citing Articles 14 and 15 of the Constitution. He further cited the provision of equal protection under the law found in Article 11(c).
“The House of Representatives is not above the Constitution. It is subject to it,” he asserted.
Gongloe also cited decisions from the Liberian Supreme Court, such as Wolo v. Wolo and Morlu v. House of Representatives, which uphold the principle that legislative power cannot violate fundamental rights. He cautioned that penalizing a lawmaker for voicing an opinion creates a “dangerous precedent” that might erode democratic government and discourage dissent.
A member is expelled today for voicing their opinion. Another might be banished tomorrow for disclosing corruption, Gongloe warned. “Dissent itself will soon be punished.” The legal expert called the House’s response disproportionate and politically motivated, emphasizing that treaties and international law, not the words of a single lawmaker, establish national limits.
He added that Kolubah’s remarks, which were purportedly uttered outside the legislative chamber, are protected by his rights as a private citizen. Gongloe pointed out that Article 42 shields lawmakers from penalties for remarks made during official proceedings, even if they are made within the Legislature.
Gongloe drew analogies with well-established democracies, citing examples in the US, UK, France, South Africa, and India where parliamentarians had voiced divisive opinions without being expelled.
Additionally, he connected the current state of affairs to Liberia’s past, cautioning that the circumstances before the 1980 coup d’état and the protracted civil war that ensued were influenced by the repression of free speech.
Gongloe encouraged President Joseph N. Boakai to create an impartial panel to look into the Makona River boundary controversy and offer factual clarification as a remedy. “The Legislature must choose: persist in this unconstitutional action or correct it, calling for the immediate reversal of Kolubah’s expulsion,” he added.
He concluded with a stark warning: “If lawmakers cannot speak freely, then no democracy is secure.”
Reported by: Prince Saah
