Monrovia, Liberia – Prominent Liberian legal scholar, former Presidential candidate and former Solicitor General, Cllr. Tiawan Saye Gongloe, has cautioned against ongoing calls to impeach or expel Montserrado County District #10 Representative Yekeh Kolubah, describing the move as “legally unsound” and a threat to Liberia’s constitutional order.
In a detailed legal commentary issued in the interest of public education, Gongloe argued that recent communication from the Inspector General of Police, urging the House of Representatives to act against Kolubah over allegations of treason, reflects a fundamental misunderstanding of the law.
According to Gongloe, treason is strictly a criminal offense that must be addressed through the judicial system, not through legislative action. “If there is evidence of treason, the proper course is clear, arrest, charge, and prosecute before a court of competent jurisdiction,” he emphasized.
He stressed that the Legislature does not have the authority to determine criminal guilt, warning that any attempt to use impeachment or expulsion as a substitute for prosecution would blur the lines between the branches of government. Such actions, he noted, risk undermining the doctrine of separation of powers and setting a dangerous precedent.
Gongloe further backed his position with historical context, recalling his tenure as Solicitor General when two sitting Senators were indicted and prosecuted through the courts rather than being removed through political processes. “That is how accountability works in a constitutional democracy,” he stated.
The respected human rights lawyer and lecturer at the Louis Arthur Grimes School of Law also raised concerns about the broader implications for governance, cautioning that elevating politics above the law weakens democratic institutions. He underscored the importance of adhering to legal procedures, noting that “politics without the control of the law is chaos.”
Addressing issues of free speech, Gongloe pointed out that controversial or unpopular statements made by lawmakers should not automatically be classified as treason. He cited international examples, including U.S. Senator Bernie Sanders’ criticism of American military actions, to illustrate that dissent is a protected element of democratic governance.
On the specific allegations tied to claims about the Makona River reportedly raised by Rep. Kolubah, Gongloe called for an evidence-based approach. He recommended that President Joseph Boakai establish an independent commission of inquiry to investigate the matter, drawing parallels to the investigative commission set up by former President William R. Tolbert following the April 14, 1979 rice riots.
Such a commission, he explained, would provide a platform for Kolubah and other relevant individuals to present evidence, after which findings and recommendations would be submitted to the President to guide appropriate action.
Gongloe concluded with a strong warning against politicizing legal processes. He maintained that any move by the House to impeach or expel Kolubah based on unproven criminal allegations would constitute a serious breach of constitutional principles.
“The law must guide politics, not the other way around,” he asserted.
