On July 2, 2017, the National Elections Commission (NEC) commenced the nomination process for prospective candidates desirous of contesting the General and Presidential Elections for October 10, 2017.
This appeal grows from a final ruling of the Board of Commissioners of the National Elections Commissions (NEC), denying and dismissing the respondents/appellants’ appeal for failure to file their appeal from a final ruling of the Chief Dispute Hearing
This bill of information was instituted on December 14, 2017, by Joseph Nyumah Boakai and James Emmanuel Nuquay, Presidential and Vice Presidential Candidates at the October 10, 2017 Presidential and Representative Elections and the Unity Party (herein after known as “informanst”) against the National Elections Commission (hereinafter known as the “respondent”). In order to have full insight into the bill of information, we deem it necessary to present a brief synopsis of the background of the events leading to its filing.
MR. JUSTICE BANKS delivered the Opinion of the Court.
The Liberian Constitution (1986) states, at Article 1, that “All power is inherent in the people
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
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
This is a consolidated opinion in two election cases heard by this Court on August 23, 2017. The cases emanated from District #1 in Senjeh, Bomi County, Liberia. Even though the two cases were separately heard, this Court sua sponte, decided that they should be consolidated and one opinion be delivered in them instead of two separate opinions. Chapter 6, Section 6.3 of the Civil Procedure Law which vests in the courts the power to consolidate provides:
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