TEMPLE OF JUSTICE: The Supreme Court of Liberia today ruled in the power struggle at the House of Representatives, describing it as Ultra Vires.
This means the court as another branch of government cannot transact in another branch activities that are beyond its capacity.
Ultra vires is a Latin phrase meaning “beyond the powers”.
It’s used in law to describe an action that is taken without the legal supremacy required.
Chief Justice Yuoh reading the court opinion said “that under these circumstances the Supreme Court cannot do for the legislature what is within its authority to do, as to do so will be a violation of the constitutional mandate on the separation of powers”.
The court also made it clear that in the instance where the Speaker is presiding over the minority.
The constitution is (devoid ) the mechanism of how the minority is to compel the absentee members for functions.
Devoid means — being without a usual, typical, or expected attribute or accompaniment.
The court, however, noted that the House of Representatives has promulgated no enabling status or standing rules setting forth the process for compelling absentee members to attend the session as seen in Article 33 of the Liberian constitution.
On the issue of whether or not the court has the power to prop the matters. The court in her ruling says “That pursuant to article 66 of the constitution the court shall be the final arbiter of constitutional issues and shall exercise final appellate jurisdiction in all cases whether emanating from courts of records or others.
Whether or not who wins today’s case, the Supreme Court said that the House of Representatives is to conduct itself accordingly.
The court3 is warning members of the house, of the violation of the doctrine of powers separation.
If one is told to conduct itself accordingly does it give rise to been favor?
The high court wants members of the house of representatives put their house in order to avoid different branch making decisions in their matter.
Note: this is the second precedence case the supreme court have ruled in since the post war .the first instance was the case with former speaker Edwin Melvin Snow .
Articles 33 and 49 were the main reliance of the court ruling.