By Cllr. Kanio Bai Gbala, Assistant Professor of Law, Louis Arthur Grimes School of Law
April 15, 2026
Dear Cllr. Gongloe,
I write with deep respect for your distinguished service to the Liberian Bar, your documented and longstanding fight for human rights, and your historic advocacy for the rule of law. These contributions have earned you national and professional admiration. It is therefore with measured concern that I depart from your present position, as I respectfully perceive your arguments in this instance to be informed more by your political considerations than by a balanced application of legal principles.
For the reasons set out below, I take a different view regarding the scope of legislative authority in addressing the conduct of Hon. Yekeh Kolubah.
- Legislative Authority and Institutional Discipline
It is correct that treason is a criminal offense that must be prosecuted in a court of law. However, this does not mean that the Legislature is without power to act when one of its members engages in conduct that threatens its integrity or the stability of the state. The House of Representatives has established rules and long standing parliamentary practices that allow it to discipline its members. These powers include censure, suspension, and even expulsion where conduct is found to be inconsistent with the dignity and responsibilities of the institution. This authority exists independently of any criminal process.
Legislative discipline is not and cannot be a substitute for criminal prosecution. It is a separate and necessary function that allows the institution to regulate itself and maintain public confidence. To suggest that the Legislature must wait for a court process before acting would undermine its ability to function effectively and protect its own credibility.
- Context, Conduct, and Public Order
The issue presented by Yekeh Kolubah’s consistently uproarious and destabilizing actions cannot be treated as a purely abstract question of free speech. The conduct and statements of Hon. Kolubah must be understood within their broader context. Hon. Kolubah is a public figure with a history that includes his role as a former armed combatant, with widely known allegations of human rights abuses. This background is relevant because it shapes how his public statements are received and the potential impact they may have on national peace and security.
In a country like Liberia, where the memory of conflict remains fresh, statements that may appear provocative or inflammatory can have real consequences. They can incite tension, undermine public confidence, and threaten stability. In such circumstances, both law enforcement and the Legislature are justified in taking action within the scope of their respective mandates to preserve public order.
- Law, Politics, and Practical Governance
Your analysis presents a strong doctrinal view of separation of powers. However, it does not fully account for the practical realities of governance in a fragile democracy.
There is a difference between legal theory and the day to day responsibility of managing a state and maintaining order. The law must guide politics, but it must also be applied in a way that responds to real risks and challenges.
In this regard, your position risks being seen as more aligned with oppositional political advocacy than with a balanced legal assessment of the Legislatureβs role. The doctrine of separation of powers does not prevent the Legislature from disciplining its own members. On the contrary, it affirms the right of each branch to manage its internal affairs.
Conclusion
The Legislature does not act as a criminal court, and it should not attempt to determine criminal guilt. However, it retains the authority to address conduct by its members that threatens its integrity or the peace of the nation.
At the same time, any allegation of criminal wrongdoing should proceed through the courts in accordance with due process. These two processes can and should operate side by side. The law must guide politics, but it must also empower institutions to act responsibly in defense of democracy, order, and the public good.
With highest respect.
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