Guest Commentary by Cllr. Tiawan Saye Gongloe/
Senior Counsel of the Supreme Court of Liberia, Former Solicitor General of Liberia, Human Rights Lawyer, and Lecturer in Law and Politics at the Louis Arthur Grimes School of Law
In the interest of public education in the law, I write this commentary to clarify the legal issues surrounding the recent calls to impeach or expel Hon. Yekeh Kolubah.
Liberia is once again confronted with a moment that tests our understanding of law and governance. The communication from the Inspector General of Police calling on the House of Representatives to take action against Hon. Kolubah for treason is not only misplaced—it is legally unsound and constitutionally dangerous.
Let us be clear: if the Inspector General believes that Hon. Kolubah has committed treason, the law provides a straightforward course—arrest, charge, and prosecution before a court of competent jurisdiction.
Treason is a criminal offense, not a political accusation to be resolved through impeachment or expulsion. The Legislature is not a criminal court and cannot determine guilt or innocence for such an offense.
The attempt to impeach or expel Hon. Kolubah on the basis of an alleged criminal offense such as treason is a serious legal misstep. Impeachment or expulsion cannot be used as substitutes for criminal prosecution. Where a crime is alleged, the proper course under the law is arrest, charge, and trial before a court of competent jurisdiction.
To proceed otherwise is to blur the lines between political authority and judicial power, thereby undermining the doctrine of separation of powers and setting a dangerous precedent for the misuse of legislative authority.
No one is above the law. When I served as Solicitor General of Liberia, I led the indictment of two sitting Senators. They were taken through the courts—not removed through political processes. That is how accountability works in a constitutional democracy.
As one who teaches Law and Politics at the Louis Arthur Grimes School of Law, I must emphasize a fundamental principle: politics without the control of the law is chaos. No government should place politics above the law. When law is subordinated to political convenience, institutions weaken and democracy itself is endangered.
Equally important is the protection of freedom of speech. In a democracy, a statement—even one that appears controversial or contrary to national sentiment—does not automatically amount to treason. Around the world, lawmakers routinely make statements critical of their own governments without being criminalized.
For example, Bernie Sanders publicly criticized U.S. military actions against Iran as a violation of international law. He was not accused of treason; he exercised his constitutional right to speak and to question government policy.
The allegation concerning the Makona River—reportedly raised by Hon. Kolubah—may be serious, but it requires investigation, not political reaction. I have therefore called on Joseph Boakai to establish a commission of inquiry, following the example of William R. Tolbert after the April 14, 1979 rice protest.
The statement made by Hon. Kolubah may properly serve as a basis for inviting him to appear before such a commission to provide evidence in support of his claims. Other Liberians with relevant or contrary information may also be invited to testify.
At the conclusion of its work, the commission would submit a report to the President, clarifying the facts, identifying the issues, and making recommendations for resolution and the prevention of future occurrences.
Liberia must resist the temptation to substitute law with power. If the House proceeds to impeach or expel Hon. Kolubah on this basis, it would be a serious legal misstep that undermines constitutional order.
The law must guide politics—not the other way around.
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