Author: Flomo Wolobah

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

5 Oct, 2023

UNITY PARTY V. NEC-Violation of Section 4.1(2) – 3 (2) (10/05/2023)

This Court has been called upon by the Unity Party, Appellants, to determine whether the National Elections Commission, Appellee has violated Chapter 4, entitled “Conduct of Elections”, particularly Section 4.1(2) of the New Elections Law with respect to the number of registered voters in a voting precinct.

Before proceeding into the allegations laid in the Complaint by the complainant, the Court will undertake a brief historical review of section 4.1(2). Pursuant to a mandate that devolved upon it, the Legislature in 1986 enacted the New Elections Law, which provided at Section 4.1(2) that the number of registered voters in any precinct shall not exceed 1000. In 2004, the National Transitional Legislative Assembly amended this section by the Elections Act of 2004, approved December 17, 2004. As amended, the Act provides that:

Investigative Survey. A prima facie Evidence for Summary Judgment in Ejectment Cases, Speedy Trial, and Access to Justice for Land Owners …Judge Peabody 0

press Release

18 Sep, 2023

Investigative Survey. A prima facie Evidence for Summary Judgment in Ejectment Cases, Speedy Trial, and Access to Justice for Land Owners …Judge Peabody

The Resident Circuit Judge of the Sixth Judicial Circuit, Civil Law Court in Montserrado County, Cllr. J. Kennedy Peabody says investigative survey is a prima facie evidence for summary judgment in ejectment cases, speedy trial, and access to justice for land owners.

Judge Peabody speaking on Monday, September 18, 2023, during the opening of the Sixth Judicial Circuit, Civil Law Court for the September Term of Court A. D. 2023, said accordingly, the significance of using the survey report as prima facie evidence in ejectment cases is a sine qua non to clearing of the docket of the courts, as well as for the speedy disposition of ejectment cases

ODESCO TARPEH VS. ERIC VAYE (09/13/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

13 Sep, 2023

ODESCO TARPEH VS. ERIC VAYE (09/13/2023)

The facts as culled from the records in this case are that, on August 21, 2023, the appellant Odesco Tarpeh, a registered voter of Electoral District #5, Montserrado County, filed a letter of complaint to the National Elections Commission (NEC) objecting to the eligibility of the Co-appellee Eric Vaye to contest as representative candidate in Electoral District #5, Montserrado County. In the complaint, the appellant alleged that Co-appellee Eric Vaye is ineligible to contest because he was convicted for the commission of a felony and was sentenced to a prison term of five (5) years, and that he had not served the prison sentence levied against him.

On August 17, 2023, the Liberia First Movement Party, by and thru its Chairman, Layee Togba, filed a motion to join, praying the NEC to join it as a party in the case because it is qualified and suitable to be an objector to ensure that a convict who has not served his prison term be disallowed from contesting for an elected position in Liberia.

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023) 0

2023 Opinions / Justice Kaba / Recent Decisions

6 Sep, 2023

HUSSEIN SEIMAVULA vs BINTU MANSARAY-SUPREME COURT FINAL (09/06/2023)

As part of the democratic sphere of Liberia, the Liberian Constitution, adopted by the citizens of Liberia at a Referendum in 1984 and which became effective on January 6, 1986, with the inauguration of the new civilian constitutional government, provides at Chapter VIII, Article 83(a) that the Liberian nation-state will conduct every six (6) years, throughout the Republic, elections for the “President, Vice-President, members of the Senate and members of the House of Representatives”, same to be carried out “on the second Tuesday in October of each election year.” In effectuation of this mandate, the Constitution further provides, at Chapter X, Article 89(b) that there shall be an Elections Commission which shall be charged with the responsibility of conducting the said elections, and it vest in the Legislature the prerogative to enact the Elections Laws to govern the electoral process and the conduct of the said elections

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023) 0

2023 Opinions / Justice Wolokollie / Recent Decisions

31 Aug, 2023

Eminent Citizens & Residents of Margibi County VS. Hon. Nathaniel F. McGill of Margibi County (08/31/2023)

This is an appeal from a ruling made by the National Elections Commission (NEC) on a motion to dismiss a complaint challenging the eligibility of the appellee, Mr. Nathaniel F. McGill, to contest as a senatorial candidate of Margibi County in the 2023 Presidential and Legislative Elections.
The genesis of this appeal as per the records is that, on July 10, 2023, one Peter F. Mulbah, referring to himself as an eminent citizen of Margibi County, wrote a letter to Madam Davidetta Brown Lassana, Chairperson of the National Elections Commission (NEC) objecting to the certification of Mr. Nathaniel F. McGill to contest in Margibi County as a senatorial candidate. He alleged that Mr. McGill lied under oath when he stated that he domiciles in Margibi County, whereas, he lives in the R-2 Community located in Montserrado County.
Subsequently, on July 13, 2023, several citizens referring to themselves as Eminent Citizens

Siah Jarmie Tandapolie, New Liberia Party et al. v. National Election Commission (08/31/2023) 0

2023 Opinions / Justice Yuo / Recent Decisions

31 Aug, 2023

Siah Jarmie Tandapolie, New Liberia Party et al. v. National Election Commission (08/31/2023)

This appeal emanates from the final ruling of the Board of Commissioners (BOC) of the National Elections Commission (NEC), wherein the BOC affirmed the ruling of the Hearing Officers of the NEC and dismissed the appellants’ appeal.

The certified records show that on June 19, 2023, co-appellants Siah J. Tandapolie, of the New Liberia Party, Emmanuel K.B. Togba, of the All Liberian Party, and James Marwieh, referring to himself as an eminent citizen of District # 11, filed separate complaints before the NEC, objecting to the nomination and certification of Dr. Thomas Nimene Tweh, the appellee herein, as a provisional candidate vying for the Representative Seat in District # 11, Montserrado County. In summary, the appellants contend in their separate complaints, that the appellee held dual citizenship, Liberian and American which disqualifies him from contesting the representative seat; that in substantiation of the said allegation, the appellants proffered copies of the biometric page of an American Passport and a driver’s license of the State of California purportedly belonging to the appellee; that the appellants further alleged that the appellee is not domiciled in District # 11 as he claimed, but rather domiciled in Louisiana, which is situated in District # 1, Montserrado County.

CONCERNED REGISTERED VOTERS vs J. MILTON TEAHJAY (08/31/2023) 0

2023 Opinions / Justice Gbeisay / Recent Decisions

31 Aug, 2023

CONCERNED REGISTERED VOTERS vs J. MILTON TEAHJAY (08/31/2023)

This appeal emanates from the final ruling of the Board of Commissioners of the National Elections Commission (NEC), entered on August 11, 2023, in favor of the appellee, J. Milton Teahjay, having entertained arguments on the appeal taken by appellants, Concerned Registered Voters of Sinoe County, from the ruling of the Hearing Officer of the National Elections Commission (NEC), in which the Hearing Officer granted the motion to dismiss the objection filed by the Concerned Registered Voters of Sinoe County, objecting to the candidacy of the appellee, J. Milton Teahjay, for the Senatorial Seat of Sinoe County.
The facts from the certified records in this appeal show that on August 19, 2023, the appellants, Concerned Registered Voters of Sinoe County, filed with the National Elections Commission an objection against the participation of Senator J. Milton Teahjay to contest for the senatorial seat in Sinoe County in the ensuing

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