CLAIM: “He cannot contest any by-election before the general elections in 2029!”
Full Text: Yekeh Kolubah had represented Montserrado County Electoral District #10 for two consecutive terms. His second term ended in expulsion — the first confirmed use of Article 38 to remove a lawmaker since Liberia’s 1986 Constitution took effect.
The Article empowers each house of the Legislature (Senate and House of Representatives) to adopt its own rules of procedure, enforce order, and expel members with a two-thirds majority vote. It also mandates that committees on revenue and appropriation include one member from each county and that all rules comply with due process
Also, according to Rule 9.2 of the House's rules and procedures under the title "Removal/Expulsion of Member state that, "A member may be expelled from the House for cause by a resolution of a two-thirds majority of the members of the House.
The controversy began in March 2026 when Kolubah appeared on Spoon TV and made remarks about the ongoing Liberia–Guinea border dispute involving the Makona River. In a separate 28-minute video interview at Roberts International Airport, he was also recorded making related comments. He told reporters that President Joseph Boakai had said, “God is not making new land,” and that Guinea had come to collect what was theirs. When asked directly whether he was supporting Guinea against Liberia, Kolubah replied: “I will support anything legal.”
“From my information and the survey that I have done, that place belongs to the Guineans,” Yekeh Kolubah said, speaking on Spoon TV, March 2026.
The remarks drew swift condemnation from colleagues across the political spectrum. Montserrado County District #3 Representative Sumo Mulbah filed a formal complaint on March 22, 2026, requesting that the House either suspend Kolubah for six months without pay or remove him from office. Mulbah’s letter grounded the request in Article 17 of the Constitution, which provides for the right to petition the government and outlines several legal bases for action.
Inspector General of Police Gregory O.W. Coleman also wrote to the Speaker, warning that Kolubah’s statements could be interpreted as a breach of the peace, an offense that, under prevailing legal doctrine, may negate legislative immunity. The communication placed the House under additional pressure to act, framing the issue at the intersection of national security and constitutional privilege.
The Disciplinary Process
The House referred the complaint to its Committee on Rules, Order, and Administration. The committee investigation examined allegations of gross misconduct, violation of the oath of office, breach of House rules, and conduct deemed damaging to the Legislature’s reputation.
olubah was formally notified on April 9, 2026, to appear before the Committee on April 13. He acknowledged receipt but requested five days to consult legal counsel.
The Committee granted only two additional business days. Tensions peaked on April 15 when Kolubah appeared with his legal team, which requested more time and access to key materials.
The Committee refused. After a heated exchange, Kolubah and his lawyers walked out of the hearing. The Committee continued in their absence, heard testimony, admitted evidence, and concluded that Kolubah had violated multiple House rules, including Rule 42.1, which requires members to uphold the dignity of the Legislature.
The Committee’s report also offered Kolubah a final choice: publicly apologize or face expulsion. He refused to retract his statement or apologize. On April 17, 2026, the House voted 50–0 to expel him, with a resolution bearing 49 signatures, precisely the two-thirds majority required under
Article 38 of the 1986 Constitution. The vote was taken in direct defiance of a stay order issued the day before by Supreme Court Associate Justice Yussif D. Kaba, who had granted Kolubah’s petition for a writ of prohibition pending a scheduled conference. The House proceeded despite the order; the Office of the House Clerk denied receiving the Court’s communication. View the expulsion resolution.
Following the expulsion, Fubbie Henries, a two-time representative aspirant for District #9, Montserrado County, made a Facebook post that attracted 150 reactions, 119 comments, and 2 shares at the time of this check. Henries wrote, "EXPULSION is Never to Return (NTR). In this case, NTR to the 55th Legislature, because Sanctions from the Legislature cannot extend beyond its Session! Therefore, he cannot contest any by-election before the general elections in 2029!”
This post forms the basis of the claim under review. TSM has assessed it against the Constitution and applicable elections law. Facebook (view post): 150 reactions, 119 comments, and 2 shares at time of check.
Verification : Article 38 of Liberia’s 1986 Constitution grants each legislative house the power to expel a member upon a concurring vote of two-thirds of all elected members. Crucially, the bar on re-eligibility applies only “during the session to which the expulsion relates.” The Constitution does not prohibit an expelled member from contesting a future by-election or standing in the next general election.
Article 30, which governs eligibility to serve in the Legislature, sets the baseline qualifications: a candidate must be at least 25 years old, have resided in the relevant constituency for at least one year, and be a taxpayer. It does not bar expulsion as a disqualifier unless accompanied by a felony conviction through a competent court; Kolubah’s case does not meet this standard. As noted in Liberia’s judicial guidelines, no formal judicial process is mandated by the text of Article 38; the Legislature has internal disciplinary discretion.
Under Liberia’s New Elections Law, when a legislative vacancy occurs, the presiding officer must notify the National Elections Commission (NEC) within 30 days. The NEC must then hold a by-election within 90 days of notification, unless the vacancy arises within 90 days of general elections, in which case the seat awaits the next scheduled election.
The House Chief Clerk’s office has confirmed that Kolubah was struck from the official roster and the seat is being treated as vacant, with less than 26 days remaining at the time of this check for the House to transmit formal notification to the NEC.
Expert and Public Reactions
The expulsion has drawn significant commentary from legal scholars, politicians, and citizens.
“The law must guide politics, not the other way around. If the House proceeds to expel Hon. Kolubah on this basis, it would be a serious legal misstep that undermines the constitutional order," said Cllr. Tiawan Saye Gongloe, a human rights lawyer and former Solicitor General, said.
Gongloe, who also lectures at the Louis Arthur Grimes School of Law, described Kolubah’s expulsion as a “profound constitutional error,” arguing that the House acted on political considerations rather than a violation of law.
He emphasized that Articles 14 and 15 of the Constitution protect freedom of expression and that Kolubah’s statement, however controversial, did not constitute treason, incitement, or any criminal offense under Liberian law.
He outlined the Supreme Court’s options as including voiding the expulsion, holding House leadership in contempt, or ordering reinstatement pending a proper due-process hearing.
“Any attempt to substitute criminal prosecution with political action erodes the doctrine of separation of powers,” Cllr. Tiawan Saye Gongloe.
Cllr. Medina Wesseh said currently no law forbids him. "However, we may not know what future challenges may arise."
Rep. Sumo Mulbah, the lawmaker who initiated the complaint, defended the House’s authority. He argued that Article 38 grants each house full authority to regulate its internal affairs and that expulsion is a legitimate disciplinary mechanism distinct from criminal prosecution.
Mulbah stressed that failing to act would signal that reckless statements by lawmakers carry no consequences.
Former Grand Gedeh Senator Alphonso Gaye thinks that Kolubah can not contest in this upcoming by-election that will be held if he is finally expelled after the Supreme Court's decision on the petition filed by Kolubah.
"The reason is this current session is called the '55th session.' It is the 55th session that is expelling him; the Bi-election is still within the 55th session until 2029.
In this regard, I believe he can contest in 2029 because it will be a different session, the 56th session," he said
Senator Abraham Darius Dillon of Montserrado County criticized the expulsion process, warning that constitutional due process must take precedence over political considerations.
Former Monsterrado District #8 lawmaker Acarous Gray says No provision of the Liberian constitution forbids an expelled lawmaker from re-contesting for the same seat. Article 30 of the constitution only provides for qualifications to contest: be age 25, be a domicile and taxpayer.
He further states that the Legislative rule and order doesn't have a citation on expelled colleagues just like the Constitution. "The rules of the constitution are silent on that."
Thomas P. Fallah, Deputy in an Ok Morning Rush (40 minutes) interview has said Kolubah, as a lawmaker, took oath to protect the constitution and sovereignty of Liberia, adding that the representative’s statement was contrary.
According to rule 11.1 of the House's Rules under the title: taking of oath reads, "Each member of the House of Representatives, before taking his/her seat, shall take an oath or affirmation to uphold and defend the Constitution and the Laws of the Republic of Liberia as well as to faithfully discharge the duties and functions of the office as a member of the House of Representatives."
The oath shall be taken from the Constitution of the Republic of Liberia and shall read thus: “I, (state name), do solemnly swear that I will support, uphold, protect and defend the Constitution and Laws of the Republic of Liberia and bear true faith and allegiance to the Republic and will faithfully, conscientiously and impartially discharge the duties and functions of the office of the Honorable House of Representatives to the best of my ability. SO HELP ME GOD.”
After the oath has been duly taken. administered, the Speaker shall order the Chief Clerk to call the roll for the
The oath shall be taken from the Constitution of the Republic of Liberia and shall read thus: “I, (state name), do solemnly swear that I will support, uphold, protect and defend the Constitution and Laws of the Republic of Liberia and bear true faith and allegiance to the Republic and will faithfully, conscientiously and impartially discharge the duties and functions of the office of the Honorable House of Representatives to the best of my ability. SO HELP ME GOD.”
After the oath has been duly taken. administered, the Speaker shall order the Chief Clerk to call the roll for the
official start of duty.
Bomi County District #3 Representative Sam P. Jallah has publicly denied signing the expulsion resolution, claiming he was not in Monrovia at the time. His denial is significant: if verified, it would bring the number of confirmed signatories below the 49 required by the Constitution, potentially invalidating the expulsion.
Rep. Obediah Y. Varney of Bomi District #1 disputed Jallah’s account, stating that they signed together.
Government spokesperson Deputy Minister for Press and Public Affairs Daniel Sando distanced the Executive from the proceedings, describing the House’s action as an independent exercise of its constitutional authority.
Sando declined to comment on whether due process was fully observed, noting the matter is before the Supreme Court.
Former Rep. Kolubah has remained defiant. He filed a bill of information before the Supreme Court of Liberia, arguing that he was denied due process. The Court summoned the House and scheduled a conference for review.
If the Court finds the process was procedurally flawed, particularly given the disputed signatures and the defiance of the stay order, it could reverse the expulsion entirely.
TSM review of the provision established that article 38 of the constitution was misread relative to the claim that Kolubah "cannot run in any by-election before the 2029 election." The provision actually says, if a lawmaker is expelled from the House, they are only blocked from returning to that same House during that same session, not from running in future elections.
Conclusion: Although Article 38 of the 1986 Constitution does not address expulsion, nor do the rules of the legislature, it is a fact that the decision is now with the final arbiter of Justice. With the petition before the Supreme Court, Liberia awaits the decision of the final court.
Conclusion: Although Article 38 of the 1986 Constitution does not address expulsion, nor do the rules of the legislature, it is a fact that the decision is now with the final arbiter of Justice. With the petition before the Supreme Court, Liberia awaits the decision of the final court.
