8 December 2017

LIBERIA MEDIA HIGHLIGHTS

Supreme Court Acknowledges Irregularities in October 10 Elections, But Says Evidence Not Weighty for Rerun, Sources: FrontPage Africa, The New Dawn, Daily OBSERVER and The NEWS

This paper reports that Liberia’s Supreme Court has acknowledged that the first round of the country’s presidential and legislative elections were, to some extent, characterized by fraud, irregularities and disregard of the New Elections Law. But the Court in its 4-1 opinion/ruling said it has not been established that such malpractices were on a scale that warrants a rerun of the entire elections as requested by the Appellants (Liberty Party and Unity Party), which made the allegations. 

“That notwithstanding our findings that indeed there were some irregularities, fraud, and violations of the New Electoral Law, as well as Rules and Regulations of the NEC, we hold that there is no evidence to show that those violations were in such magnitude that they rose to such level to warrant setting aside the results of the Presidential and Representative Election held on October 10, 2017 and ordering a rerun,” Associate Justice Philip A. Z. Banks, III, who read the ruling on behalf of the Bench said.

The ruling stemmed from the Bill of Exception filed by the opposition Liberty Party in cohort with the governing ruling Unity Party after the NEC Board of Commissioners upheld the ruling of the NEC hearing officer that the two parties failed to prove allegations of fraud outlined in their complaint. 

The Liberty Party, led by Cllr. Charles Walker Brumskine, who came third in the 10 October elections with less than 10 percent of the votes, took the lead in protesting the 10 October election results claiming that it was marred by fraud and lacked the minimum requirement to be regarded as free, fair and transparent. The Supreme Court defined fraud as a generic term, which embraces all the multifarious of human ingenuity to desire and resort to by an individual to gain an advantage over another by false suggestions or by suppression of the truth. 

“Fraud may be established by not only directly but by inclusive circumstances which by their weight may constitute proof; from the facts and circumstances of the instant case, the 1st and 2nd appellant established by proof that fraudulent acts were perpetrated at a few polling centers during the Presidential and Representatives Elections conducted on 10 October 2017. 

However, in the mind of the Court, both the ruling and opposition which joined forces to prove that NEC orchestrated fraudulent acts during the October 10 elections, failed to show that the evidence of fraud pervaded the entire spectrum of the elections throughout or in a considerably wide or most parts of the country. “We have not seen from the records that the appellants demonstrated that there was a conspiracy by the NEC as an institution, or that the NEC sanctioned the conduct of those persons who were alleged to have committed elections violations or irregularities." "We do not believe that the evidence reached that threshold,” Justice Banks asserted. 

According to him, as important as the evidence was, the fraud and irregularities complained of and shown by the testimonies and witnesses were limited to the generality of the elections rather than indications of widespread intentional gross conspiracy conduct by NEC as an institution. Associate Justice Banks, III noted that despite proving that fraud occurred at few polling places, which do not create room for the Supreme Court to speculate that such irregularities, fraud and disregard of electoral laws occurred in all parts of the country. 

On this note, the Supreme Court, said it cannot sanction a rerun as the evidence provided do not merit the annul of the 10 October elections. According to Justice Banks, the Bench also took into consideration the consequences such decision may have on the country; thereby denying the Liberty Party’s appeal for a rerun of the 10 October elections. 

However, as precondition for the runoff election, the Supreme Court has mandated and ordered the NEC to fully comply with the standards of publications of the Final Register Roll (FRR) as in keeping with law. 

The NEC has also been ordered to conduct a full cleanup of the FRR to have it comply with the provision of the law. 

The FRR is to be available in published hard copies to all Election Magistrates and polling places across the country in accordance with law prior to the conduct of the runoff election.

Contentiously, the NEC has also been mandated not to allow anyone whose name is not in the FRR to vote during the runoff, noting that the FRR is the only electoral document that speaks to the eligibility of voters. 

“Poll watchers, who did not register at their places of assignment and those whose names are not in the FRR should not be allowed to vote.” 

The Chairman and members of the Board of Commissioners of the NEC and other staffs of NEC have been prohibited by the Supreme Court from public utterances and pronouncements relating to any matter that may emanate from the runoff. 

Meanwhile, the NEC is expected to tell Liberians when they are going to head to the polls to vote. The two parties, which are to participate in the run Election, are the Coalition of Democratic Change (CDC) of Senator George Weah and the ruling United Party of Vice President Joseph Boakai.

UP, LP, ANC Leaders Accept Supreme Court Ruling, Albeit with Different Perspectives, Sources: Daily OBSERVER and FrontPage Africa

The ruling Unity Party (UP) through its standard bearer Vice President Joseph Boakai has accepted the Supreme Court’s final ruling on the run-off of the 2017 Presidential and Legislative Election and has urged the National Elections Commission (NEC) to make public the Voters Roll and address other irregularities to ensure a transparent run-off election.

Speaking shortly after the Supreme Court’s decision Thursday at a press conference at UP’s headquarters in Congo Town, VP Boakai said the Supreme Court is the highest court in the land and the final arbiter of the dispute, which has come down with its decision.

“We would therefore like to state without equivocation that the Unity Party accepts the ruling of the High Court. This decision, and the road we took with collaborating parties, are unprecedented and should give all of us hope that the future of our democracy and country is bright. Liberians can now celebrate the triumph of the rule of law! Liberians can now celebrate their resolved to pursue non-violent means of solving problems,” VP Boakai said.

VP Boakai said in light of the deliberate and mischievous attempts by detractors to distort the intervention by UP and collaborating parties to ensure a transparent and clean electoral process, void of manipulation of any kind, he is constrained to set the record straight for the benefit of the Liberian people. “The UP’s intervening action in support of Liberty Party’s challenge was not a selfish or opportunistic one, nor was it in any way a strategy to unnecessarily cause delay and prolong the electoral process, as alleged by detractors,” he said.

On 10 October this year, Liberians trooped to the polls to fulfil their constitutional mandate, symbolizing a determination to consolidate the gains of peace and ensure that the democratic and inalienable rights were duly exercised. He called on the National Elections Commission to adhere to the request made by the Supreme Court, especially in addressing the publication of the Voters Roll and other key issues to ensure a free, fair and transparent run-off election. Vice President Boakai also called on Liberians to address their concerns and problems through the court of law and avoid every means of violence in the country, and recounted that in 1927, Liberia made history that earned her an unenviable place in the Guinness Book of Record with the most fraudulent elections in the world.

On his part, Cllr. Charles Walker Brumskine of the opposition Liberty Party (LP), said he and his partisans are disappointed by the Supreme Court’s ruling, which among other things, has violated “our equal protection right, as provided in Article 11(c) of the Constitution.” “The Court ordered the correction of some of the things that we complained of, that made the electoral process unconstitutional and unlawful that contributed to massive fraud, and pervasive irregularities, as conditions for holding the run-off, but failed to similarly ensure equal protection for the other eighteen political parties,” Cllr. Brumskine said.

He noted that Liberia has come of age, adding, “Finally Liberians can disagree and not kill each other and destroy our country.” “I have always said, our legal action and pursuit of justice was not just about me, or just about the Liberty Party,” he said. He said the Supreme Court can rule against an aggrieved political party, and its judgment is accepted, notwithstanding “our disagreement, as to both the Court’s determination of the facts and their conclusion of the law. Our people are truly witnessing the transition from negative to positive peace.”

For the standard bearer of the opposition Alternative National Congress (ANC), Alexander B. Cummings, he said after all considerations, prayers, and consultations the ANC decided not to endorse any of the political parties for the run-off. “We are asking all partisans to vote their conscience, and what they believe in their hearts to be right for the country given the two choices. This was not an easy decision, but one we believe serves the best interest of our party and the country,” Cummings said.

Cummings said he is asking ANC partisans to demand from both candidates’ four pertinent commitments that are core to the ANC’s platform, including support for “Our continuous freedom.” “Liberians have enjoyed unprecedented peace and freedom over the last 12 years. I am asking that our partisans demand from whomever they support that they will sustain our peace and ensure that this freedom continues – specifically, freedom of speech and freedom of political association,” he said. He also named the radical fight against corruption, empowering Liberian businesses and election reform. Mr. Cummings said, “I remain committed to uplifting Liberia and empowering all Liberians. I will do this through business and philanthropy.”

Urey Responds to Supreme Court’s Ruling - Pledges Support to UP, Source: FrontPage Africa

Mr. Benoni Urey, political leader of the All Liberian Party (ALP), has accused President Ellen Johnson Sirleaf of interfering and manipulating the results of the 10 October 2017 polls. Speaking to newsmen and women at the Unity Party Headquarters in Oldest Congo Town following the Supreme Court’s ruling Thursday, 7 December Mr. Urey squarely threw all of Liberia’s woes at Ellen’s feet. “You know all the problems in Liberia is Ellen Johnson Sirleaf. She had promised more than one party that she would take them to second round. ”It’s wasn’t established if his ALP had been allegedly promised, too, by President Sirleaf, this paper report.

Urey, who obtained at least 1.6 percent of the total vote counts according to the National Elections Commission (NEC) after the 10 October polls, also urged members of the National Legislature to ensure that laws are enacted in order to prevent such electoral case. Even though the ALP political leader welcomes the Supreme Court’s ruling as it is the final arbiter of justice in the land, he was very critical of its opinion in the matter. 

According to Mr. Urey, there were enough reasons that should have made the Supreme Court to call for a re-run of the entire electoral process; adding: “The fact that there was five proven fraud there were many not discovered.” “We have no option but to follow the laws of Liberia. But it does not negate one from speaking out one’s opinion on issues." "The facts were glaring at the National Elections Commission and the Supreme Court.” 

He openly congratulated Justice Kabineh Ja’neh, whom he said proved himself to at least there is one man on the Bench. Urey, who is a very tough talker, also claimed that the 10 October polls were characterized by selection and believe the Supreme Court’s ruling will make Liberia a laughing stock by countries around the world. “It is unfortunate that a semi-educated person did what Korkoya and Board of Commissioners did to the Liberian people.” 

Mr. Urey is one of several aggrieved persons, who filed a complaint with the National Elections Commission over alleged irregularities and fraud. He told journalists at a news conference in November 2017 that as a lone voice, he had raised issues of irregularities regarding the electoral process even before the elections were held, but nothing was done to address the problems. Urey: “We have been the lone voice in complaining of things we saw coming. If somebody in the President’s office can be printing voting ID cards and the Chairman of NEC was saying everybody with voting ID card would vote; it was something scaring that called for attention.

NEC Chairman Erred Through Utterances: Should Have Recused Himself From Appeal Hearing, Source: FrontPage Africa

The Supreme Court has opined that the Chairman of the National Elections Commission (NEC) should have recused himself from the hearing of the Appeal filed by the Liberty and Unity Party having made utterances which were prejudicial to the case. Cllr. Korkoya is on record as describing the Liberty Party’s complaint of electoral fraud as political motivated and that the NEC stands by the election results, this paper reports.

The Supreme Court noted that the Board of Commissioners failed to refute the comments during their ruling, rather, noted his comments could not influence the Board’s decision. However, the Supreme Court noted that there is a certainly a point, where the chairman has to dissect the two major roles which he plays as chairman of the Commission and head of a legal appeal body.

 Justice Banks noted that the comments made by the Chairman were prejudicial to the proceeding even before the case could come before the Board.  “It was particularly important the Chairman refrain from making comments on any issue in regards to the 10 October elections,” Justice Banks. According to the Supreme Court, the NEC Board of Commissioners were in serious error by denying the motion for recusal filed by the parties.

Alternative National Congress Will Endorse No Party in Runoff Election, Source: FrontPage Africa

The media report that Alexander B. Cummings of the opposition Alternative National Congress (ANC) has announced that his party would not support any of the two political parties going for the runoff election. The Supreme Court on Thursday, 7 December 2017 lifted the stay order on the runoff election, which was originally scheduled for 7 November. 

The ruling Unity Party and the Coalition for Democratic Change are poised for the runoff election. The prohibition on the runoff election followed a final ruling by the Supreme Court into the allegations of fraud and irregularities that marred the 10 October elections. Following the closure of polls on 10 October, the ANC alarmed electoral irregularities and fraud. 

Subsequently, Mr. Cummings alongside Vice President Joseph Boakai of the Unity Party and the Benoni Urey of the All Liberian Party joined forces with the Liberty Party through its complaint of electoral fraud.  Cummings: “On 7 December 2017, the Supreme Court announced that our country will move forward and hold a runoff election. While we still stand behind our belief that the process was incompetently conducted and rigged, we remain committed to the peace and democratic process of our nation, and thus accept the fact that the results will not change.” 

According to him, while the ANC wholly accepts the final decision of the Supreme Court, it remains convinced that the 10 October elections were characterized by fraud and irregularities. Cummings in his statement noted that he and the ANC have been engaged by the two political parties going into the runoff, but have made no commitments. He, however, asked his partisans to vote their conscience, but taking into consideration the party’s four pertinent commitments, which include support for continuous freedom, fight against corruption, empowering Liberian businesses and election reform. 

Supreme Court Final Ruling in NEC vs LP Case Sparks Mixed Views, Source: FrontPage Africa

Amid the many speculations and perceptions as to whether Liberia’s will go to a run-off or rerun, the Supreme Court of Liberia on Thursday, 7 December 2017 came down with its final ruling in the case involving the National Elections Commission (NEC), Liberty Party (LP) and the ruling Unity Party (UP). The Supreme Court in its final verdict ordered NEC to proceed with the run-off of the presidential election that was placed on hold on 6 November, based on the complaint filed by the standard bearer of the Liberty Party (LP), Cllr. Charles W. Brumskine. 

“The stay order issued on 6 November is hereby lifted and the NEC is hereby ordered to proceed with the schedule of the run-off election in accordance with the Constitution of Liberia and the New Election Law and in conformity with the rule set forth in this opinion,” Supreme Court ruling stated. However, the Supreme Court’s final judgment has sparked mixed views among citizens: 

According to Ms. Hawa Bropleh, Executive Director for Liberian Assistance, the Court’s opinion was a fair judgment in the sense that it did not see sufficient evidence for re-run. “The evidence was not sufficient, and we as women organization, are here for peace. This is not about what I want personally, this is about the country (Liberia), so I am very pleased with the judgment, Ms. Bropleh noted.

On her part, Ms. Malinda B. Joss, Executive Director, Women, Children Development, (WOCDAL), called on political parties to be calm and accept the High Court’s ruling because Liberia is the country they have.  She added, “My women and I have been crying and yarning for peace. We needed a judgment that would make everybody pleased and at peace. Today’s judgment is good for our country. We don’t have money for re-run, there is no money for re-run but run-off, we can go back to run-off.” 

Mr. Boima J. V. Boima, Chair, Social Media Communications of the main Coalition for Democratic Change (CDC), welcomed the Supreme Court’s decision and will accept and respect the ruling. “We are a political institution that respects the rule of law. Definitely we will accept everything that has been said by the court. That’s why we all anticipated that indeed the Court was going to rule that those irregularities that occurred on 10 October should be corrected before we go to a possible runoff and that is where we are,” Boima said.

As for Mr. Amos B. S. Kanneh, Unity Partisan, said his party is 100% prepared to to go the runoff because they have never scared of elections because the party is noted for wining elections in Liberia. On whether he agrees with those who said the UP helped to delay the runoff, Mr. Kanneh refuted such assertion and said the UP only collaborated with other aggrieved political parties that felt aggrieved for alleged irregularities and fraud in the 10 October 2017 polls and sought legal redress using legal paths set aside by the law. “The decision of the Supreme Court today (Thursday) is the best decision for us as a country and I think we are ever prepared for the runoff,” he stressed 

On his part, Mr. Jeremiah Samuel Dugbo, has a dissenting view, stating “I think today (Thursday) is a sad day for Liberia; this is sad day in our history. I see it as a reaffirmation of the public that we have a single branch of government. In fact, I refer to this court as a Supreme Court of the Executive Branch because following the decision as I listened to the opinion being read by Associate Justice Philip A.Z. Bank, particularly on the reason why they have to hold on the appeal from the Board of Commission on the basis of not a single Liberian had an issue or raised an issue to the Supreme Court. It is not a surprise to me, I think that our democracy is denigrating than others think that it is progressing.”

For Liberia’s Sake! Source: Daily OBSERVER

Speaking shortly after the ruling of the Supreme Court, the opposition Lierty Party (LP’s) acting chairman, Abraham Darius Dillon said that he was glad that the legal process had come to an end without any form of violence in the country. “Finally, we have reached the logical conclusion. The Supreme Court of our land has ruled and we are under obligation to abide,” he told reporters.

He added that it is historic that a dispute of such high magnitude has been decided through a judicial process rather than people taking to the bushes to start a war. “This is historic because the Liberty Party has taught Liberians the new way of settling disagreements in this country. We are no longer going into the bushes,” he said. “A new day has begun in our democratic history where the rule of law should and must always be the means of settling our disagreements, than resorting to the rule by guns and violence.”

He lauded his many partisans and those of collaborating parties (UP, ALP, and ANC) for their support, understanding, as well as CDCians and Liberians in general for being patient throughout the process, adding: “We can now move on!” “Great respect for and in-depth gratitude to my standard bearer, Cllr. Brumskine for the bold step in writing this history,” he said, adding that the next step would now be the political decision regarding the runoff in the coming days, and best of luck to the two contending parties.

“Democracy Is System of Government That Surpasses All Others”, Source: FrontPage Africa

President Ellen Johnson Sirleaf says democracy is the system of government that surpasses all others; grounded in rule-of-law, respect for individual and human rights, and for institutions, which can arbitrate between competing political interests on behalf of the people. According to a dispatch from the U.S. the Liberian leader was speaking on Wednesday, 6 December 2017 at Georgetown University during a forum on the theme: “Women’s Political Leadership in Africa: The Next Generation,” this paper reports.

Addressing the gathering, President Sirleaf said: “I accepted these invitation months ago, believing that Liberia’s historic 2017 elections, an event marking the first time since 1944 that presidential authority would be transferred democratically from one elected leader to another, would have been completed. It has not. In fact, it has become more complicated, but that is the nature of a post conflict democracy.” She recalled that in the past, close to 12 years of her Presidency, she promoted democracy, protected fundamental freedom and encouraged an open society. President Sirleaf said there were many times when she wondered if she had it right; if under the circumstances of a war-torn country like Liberia, there were alternatives that would lead to more civic responsibility and accelerated development.” 

President Sirleaf averred that “Yet democracy, as we all know, can be messy. It can be unpredictable. Recent cases in point are Liberia, Kenya, Zimbabwe and even the United States. As many of you may know, no one candidate running in Liberia’s 10 October presidential election was able to meet the threshold required by our constitution to secure a victory. As such, a run-off election was required. 

The Liberian Chief Executive informed her audience that the first-round election results were challenged by three contesting political parties through formal procedures as defined under Liberia’s electoral law. As a result, the Supreme Court placed a stay order on the presidential run-off.” She said since that time, the National Elections Commission (NEC) conducted hearings and finally ruled that there was no systematic fraud in the first-round election, and that the run-off election should proceed. The Supreme Court is now deliberating an appeal of the challenging parties to this decision - although in the meanwhile anxiety amounts as Liberians await a decision. 

“So today, we find ourselves still in the electoral period. Liberia has yet to decide who its next leader will be, but this is a decision that belongs to the people and the people alone. And I maintain full confidence that our institutions are working to ensure the integrity of the process. A technical team from the Economic Community of West Africa States is now in country to assess the results of the first round and provide technical assistance to NEC to strengthen their capacity for the run-off,” she pointed out. Read More

UP Youth Congress Rebukes Call to Expel President Sirleaf, Source: Daily OBSERVER

The Unity Party Montserrado Youth Congress has denounced and distanced itself from the protest staged on Thursday, 23 November by some partisans at the UP national headquarters calling on the UP Executive Committee to expel President Ellen Johnson Sirleaf, standard bearer emeritus of the party. “We are of the strongest conviction that the protest at this crucial time when we are gearing up for a runoff is no remedy to resolving dissatisfaction or misunderstanding within the party,” said youth congress chairman Lansana P. Fofana.

Speaking recently at a press conference in Monrovia, Fofana explained that with the party at a critical juncture, “we call on all aggrieved partisans to remain calm as we strive to achieve victory in the runoff elections. “It is important to clarify that partisans of UP don’t subscribe to indiscipline; and they do believe the rule of law as well as the constitution of the party. Lest we forget, the world is watching us; we must endeavor to conduct ourselves accordingly,” he added.

The protest was never carried out by the youth wing of the UP as was published in the media. “We also condemn the personal attacks on two of our senior partisans, Senator Conmany Wesseh and Representative Worlea-Saywah Dunah, who are also members of our national executive committee. We believe that these lawmakers have the right to their opinions and should not be demeaned,” said Fofana.

The chairman said Vice President Joseph Nyuma Boakai is an embodiment of peace and unity, and as such, his bid for the presidency must not be mixed with conflict and disunity among members of the party. He said as long as President Sirleaf remains a member of the party, she will continue to enjoy the confidence of the Montserrado Youth Congress; and therefore, they will not be a party to any act that shows disrespect to the President of Liberia. Read More

House Reviews USD41M Dangote Cement Investment Agreement, Source: Daily OBSERVER

This paper reports that members of the House of Representatives are reviewing an Investment Incentive Agreement between the Government of Liberia and Dangote Cement Liberia Limited worth over USD41 million from the DANGOTE GROUP – one of the most diversified business conglomerates in Africa. The group’s activities encompass cement manufacturing, packing, and distribution. Aliko Dangote, Africa’s richest man, founded and chairs Dangote Cement, the continent’s largest cement producer, this paper reports.

On Tuesday the House’s Plenary mandated its Joint Committee on Ways, Means, Finance & Development Planning, the Judiciary and Investment, Contracts and Monopolies to probe the agreement and report to Plenary in two weeks. The House’s decision was prompted by a letter from President Ellen Johnson Sirleaf, urging the Legislature to ratify the agreement. Read More

INTERNATIONAL MEDIA ON LIBERIA

Dissenting Justice Ja’neh Says NEC Was in Acts “Caculated to Cheat”, Source: News Public Trust

Some acts committed by the National Elections Commission (NEC) in the 10 October 2017 presidential and legislative elections were “fraudulent and calculated to cheat,’’ Justice Kabineh Janeh says in his dissenting Opinion at Liberia’s Supreme Court. Justice Ja’neh was the only one on the 5-member Supreme Court bench to oppose Thursday’s ruling which dismisses massive fraud allegations and call for annulment of the results to conduct rerun elections on grounds that evidence was insufficient. “I am furthered deeply troubled and perturbed over the majority decision of the bench. This direction leaves this nation with more questions than answers,” the long-serving Supreme Court Judge passionately said.

Flanked by the other four Justices in the high court’s chamber at the Temple of Justice in Monrovia, Justice Ja’neh believes that there are enough evidence to show that the October 10 polls were conducted in violation of Liberian law and standards for credible election, thus the need  to set aside the results. He pointed to what he considers as contradictions in the majority opinion, when they acknowledged that some fraud did occur and that NEC has a dirty voters roll.

According to him, the majority Justices seem to “ignore what the other side of the dirt is,” wondering how the dirt impacted the valid votes cast in the recent presidential and legislative elections. “It’s deeply disconcerting to say the least” to talk about how the level of the violations would not have altered the results of the polls, suggesting it could be “pretense”. The dissenting Supreme Court Justice went on to say that “fraud by law is proven when it veciate everywhere. Justice Janeh then took his colleagues on the bench to task for what he considers as downplaying a very crucial plaintiff witness testimony of US-trained Liberian IT/data expert, Jeff Gbleebo. He said Gblebo’s testimony pointed extensively to some evidence of fraud in the October 10 polls, recounting how examination of the NEC’s voters roll data given to political parties on flashdrive “demonstrated evidence to prove fraud.”

Justice Janeh further argued that the data expert’s analysis discovered two separate voter rolls and missing polling places amounting to some 35,000 registered voters. Gblebo’s analysis, he said discovered 58 pages of voters registration numbering 200 voters; same ID number to multiple names, etc. “I find it unfortunate how I’ve found it difficult to harmonize my legal opinion with that of my colleagues. But this (his opinion) should be filed and put on record for posterity to judge,” Justice Kabineh Janeh concluded his dissenting opinion on Thursday.

Supreme Court Orders Runoff, But Urges NEC to Clean Up Voters Roll, Source: News Public Trust

Liberia’s Supreme Court on Thursday ruled that there is no evidence to warrant the annulment of the 10 October 2017 elections, ordering the National Elections Commission (NEC) to go ahead with the runoff but after taking certain corrective measures. The opposition Liberty Party (LP) of Cllr. Charles Brumskine and the ruling Unity Party (UP) of Vice President Joseph Boakai had filed Bill of Exception against NEC Board of Commissioner’s dismissal of their complaints.

They alleged that the first round of elections was marred by massive fraud, violations of the electoral laws and the constitution, disenfranchisement of voters and other voting irregularities. “We do not see the evidence in the records before us,” the Court said in its 126-page opinion, read by Justice Philip Z. Banks.

With one dissent by Justice Kabineh Janeh, the majority opinion of the four other members of the bench says “we are not convinced that the burden of proof was met.” They set the tone to their ruling by stressing the court’s commitment to respecting and upholding the Liberian constitution. First,  the ruling quotes Article 1, which says that the ultimate power of the state rest in the people and that it’s only the people that determine their leaders. The premise to the landmark opinion continues by saying, “no deviation should dilute expression of the people’s will,” using Article 2 of the constitution as their reliance.

According to the ruling, the complainants were unable to show widespread/overwhelming violations of the constitution and election laws, showing that NEC was out for conspiracy to commit fraud, although it adds that there was much room for improvement in the conduct of elections by the national electoral body.

The country’s highest court then ordered NEC to go ahead with the conduct of the runoff presidential election, but put certain corrective measures in place to prevent some of the lapses that occurred during the first round of voting. These measures include the cleaning up of the Final Registration Roll (FFR) for voters and have printed and certified copies at each voting place throughout Liberia. NEC has also been ordered to publish the FFR in hard copies. Those who are allowed to vote in subsequent elections must be limited to only registered voters whose names are on the FFR, while poll watchers and other poll workers not on the list at a given polling place must not be allowed to vote. In addition, the Supreme Court has prohibited NEC Commissioners and other officials not to make public pronouncements relative to cases on issues before the electoral body.

NEC Chairman’s recusal

The decision by the NEC Board of Commissioners was taken to task for its ruling  thrashing the complainant’s call for the recusal of Chairman Jerome Korkoya for an earlier public statement he made describing their case as politically motivated. The Court believes that such a statement was inappropriate, as it has the propensity to undermine an impartial investigation, calling on the NEC boss to discern his role as Chairman of the national electoral body. His role and the structure of NEC are administrative and Quusa judicial.

Disclaimer
 

This media summary consists of selected local media articles for the information of UN personnel. The public distribution of this media summary is a courtesy service extended by UNMIL on the understanding that the choice of articles included is exclusive, and the contents do not represent anything other than a selection of articles likely to be of interest to a United Nations readership. The inclusion of articles in this summary does not imply endorsement by UNMIL.

 

 

 

 

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