S/Court Deals Koffa Legal Setback

By Lincoln G. Peters

TEMPLE OF JUSTICE, Monrovia, August 30, 2026 -The Supreme Court of Liberia has rejected a petition by former House Speaker Cllr. J. Fonati Koffa and his co-defendants challenging Criminal Court “A” Judge Roosevelt Z. Willie’s decision to disband the jury and order a new trial in the Capitol Building arson case.

The Supreme Court ruled that the defendants pursued the wrong legal remedy by filing a petition for a writ of prohibition to overturn Judge Willie’s decision.

In its August 28 ruling, the Court held that a writ of certiorari, rather than prohibition, was the appropriate legal remedy to challenge the trial judge’s interlocutory ruling.

Chief Justice Yamie Quiqui Gbeisay, delivering the opinion of the Court, drew a distinction between the two extraordinary writs and explained why prohibition could not be used under the circumstances.

According to the Chief Justice, prohibition is intended to prevent a lower court or tribunal from proceeding in a matter over which it lacks jurisdiction or where it has exceeded its authority.

Certiorari, on the other hand, provides a mechanism for reviewing an interlocutory ruling by a court that has jurisdiction over a matter but is alleged to have proceeded irregularly or contrary to law.

The Supreme Court determined that Judge Willie had both personal and subject-matter jurisdiction over the Capitol Building arson case.

It therefore held that even if the trial judge’s decision to disband the jury and order a new trial was erroneous, the defendants should have challenged that decision through certiorari rather than prohibition.

“The proper remedy should have been the petition for a writ of certiorari to review and correct the ruling and not a petition for prohibition,” Chief Justice Gbeisay said.

“This Court, therefore, quashed the alternative writ, denied the peremptory writ, and ordered the Clerk of Court to send a mandate to the lower court to resume jurisdiction and give effect to the judgment,” he added.

The ruling clears the way for Criminal Court “A” to resume proceedings in the high-profile Capitol Building arson trial.

The defense had petitioned the Supreme Court after Judge Willie disbanded the jury over alleged misconduct and ordered a new trial.

Koffa and his co-defendants sought to prevent the lower court from proceeding with the retrial, challenging the judge’s decision through the writ of prohibition.

However, the Supreme Court’s ruling focused on the procedural remedy pursued by the defense rather than determining whether Judge Willie was substantively correct in disbanding the jury.

The decision effectively returns the case to Criminal Court “A” for proceedings to continue in keeping with the Supreme Court’s mandate.

The case stems from the December 2024 fire that gutted a portion of the Capitol Building amid a bitter leadership dispute in the House of Representatives.

Former Speaker Koffa, Representatives Dixon W. Seboe and Abu B. Kamara, along with K. Jacob C. B. Debee and others, are defendants in the case.

With the Supreme Court disposing of the prohibition petition, Judge Willie is expected to resume jurisdiction over the matter and proceed with the new trial as previously ordered.