MR. JUSTICE JA’NEH dissents:
As the final arbiter in the land, Liberian laws undoubtedly impose a sacred duty on the Supreme Court of Liberia to take every legal action at ensuring “accurate determination of the results of voting” in public electoral competitions.
On November 3, 2017, the Supreme Court en banc heard a petition for a writ of prohibition filed by Charles Walker Brumskine, Harrison S. Karnwea, Presidential & Vice Presidential Candidates, all Representative Candidates of Liberty Party, and the Liberty Party.
In accordance with Article 83(a) of the Constitution of Liberia (1986) which mandates that “Voting for the President, Vice President, members of the Senate and members of the House of Representatives shall be conducted throughout the Republic of Liberia on the second Tuesday in October of each election year,” the National Elections Commission (NEC
The Supreme Court of Liberia condemns, in the strongest terms, the attack on the home of Associate Justice Sie-A-Nyene Yuoh. On the evening of Sunday November 5, 2017, at about 9:00pm, some unknown persons began throwing large stones into the compound of the Associate Justice intending to cause harm to persons living within the compound as well as cause damage to properties.
The Justice presiding in Chambers of the Honorable Supreme Court of Liberia, Mr. Justice Kabineh M. Ja’neh, has COMMANDED the Marshall of this Court to notify The National Elections Commission (NEC) and Members of the Board of Commissioners of the said Body, RESPONDENTS in the entitled cause of action, Charles Walker Brumskin, Harrison S. Karnwea, Presidential & Vice-Presidential Candidates, and all Representative Candidates of Liberty Party, and Liberty Party VERSUS The National Elections Commission (NEC), and The Board of Commissioners: PETITION FOR WRIT OF PROHIBITION, that they are to appear before the FULL BENCH of the Honorable Supreme Court on Thursday November 2, 2017 at the hour of 9:00 am, to show cause why the PETITIONERS’ PETITION as prayed for should not be granted:
The James A.A. Pierre Judicial Institute at the Judiciary Branch of Government in collaboration with the Legal Professional Development and Anti-Corruption (LPAC), on Monday October 16, 2017, began a four days quarterly training workshop for Public Defenders at the Corina Hotel in Sinkor, Monrovia.
As always, it is my pleasing duty, on behalf of the Supreme Court Bench and the entire Judiciary, to welcome you to the opening of another term of this Court. We thank God for the successful completion of the March 2017 Term of Court and beseech Him for His continued guidance as we begin the October 2017 Term. We must count our blessings as a nation and as a people and always praise God for being so good to us.
Counsellors G. Moses Paegar and Albert Sims of Sherman and Sherman, Inc., in association with Counsellors Frank Musa Dean, Jr., of Dean and Associates, Cyril Jones of Jones and Jones Law Firm, and Emmanuel B. James of the International Group of Legal Advocates and Consultants, appeared for the appellants. Counsellor James Daku Mulbah, County Attorney for Montserrado County, Ministry of Justice, in association with Counsellors Theophilus C. Gould and Othello S. Payman, I, appeared for the appellee.
JUSTICE BANKS DELIVERED THE OPINION OF THE COURT
As part of its constitutional mandate specified in the 1986 Constitution, and pursuant to the statutory command stipulated in the Elections Law enacted by the Legislature, done on authority of and in compliance with Article 34() of the Constitution which mandated the Legislature to enact the Elections Law of Liberia for the governance and conduct of elections for public offices in Liberia, the National Elections Commission, movant/appellee herein, on July 2, 2017 commenced, as per prior notification, the nomination process for prospective candidates desirous of contesting the ensuing October 10, 2017 Presidential and General Elections. See Lib. Const. Art
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