Election Commission Falls In Trouble With Liberian Supreme Court

The full Bench of the Supreme Court of Liberia in its recent hearing of a writ of Prohibitions filed by defeated candidates against four petitions has requested the National Election commission (NEC) to reportedly revoke the certificates of the Senators in question. According to information gathered, the two senators are River Gee Senator, Ambassador Conmany Wesseh and Maryland Senator Mr. Gbleh-bo Brown. However, the two senators involved have since been certificated and inducted into office at the National Legislature.

Senators Wesseh and Mr. Gbleh-bo Brown received reportedly certificates before the petition was filed at the Supreme Court against them by the defeated candidates including Johnathan Boyecharles Sogbie and Representative Bhofal Chambers, representated by Cllr. Famere Stubberfield.

However, when the high court questioned NEC on how a certificate can be revoked from a winner who the court rules against, the NEC legal Counsel Cllr. Joseph Blidi has said that the decision must meet the consensus of the National Legislature and the Judiciary.

“NEC rely on article 83C of the Liberian constitution and we as a commission feel that we are not in error to certificate candidates while there is a complaint before us, the framers of the constitution did not oblige us to do as the petitioners want us to do,” NEC legal Counsel argued.

“The disputed candidates were not to be taking their seat because there was a writ issued against them by the chamber justice Philip Banks.” Cllr. Gbeisay added. But the NEC lawyer Blidi said certification of winners in elections can be done while there is complaint before the commission. “Chapter 6 section 2 of the NEC law is the determination for the lawyer's quest your honors.”

“NEC will inform the National Legislature and the Supreme Court will mandate the certificated Legislators to seize from serving the post, Cllr. Joseph Blidi, NEC Senior Counsel.

It can be recalled during the NEC certification three Senators elect were not given their certificates based on a petition of prohibition praying the high court to issue a writ on the NEC to halt the certification of the Senators. Those that were denied their certificates include Jim Tornonlah of Margibi County, Cllr. Varney Sherman of Grand Cape Mount County and Morris Saytumah of Bomi Counties, a writ of prohibitions were also issued by the chamber justice requesting the NEC to file their returns to the petitioners petitions.

At the same time, Cllr. Yarmie Gbesay, legal counsel of Margibi County defeated candidate, prof. Ansu Sonii told the court that the certification that was made by NEC violates the constitution on grounds that there was a complaint before them but the NEC failed to hear but continue with the certification.

But in the case of Rosalind Sneh, the high court decline to issue a writ of prohibition against NEC, reason for that action still remain unknown. Candidate Sneh was the first to file an official complaint to NEC over what she described as election irregularities. In her complaint, candidate Sneh stated: “It is with disdain and dissatisfaction that we forward this complaint against the National Election Commission (NEC) Grand Kru Office on the Special Senatorial Election process and its attending results based on the fowling reasons to wait.”

Her complaint to NEC further stated: “We also filed a second complaint against NEC-Grand Kru Office for allowing another party and candidates, observers to vote in places they are not registered, having initially informed us not to assign observers to places where they are not registered. We believe this was intentional and a calculated attempt to prevent our candidate, Rosalind Segbe Tonne Sneh, from deploying her trusted observers at certain places, where people had earlier planned to rig the votes in favor of Albert T. Chie”.

The outcome of candidate Sneh’s complaint filed to NEC is yet to be made public, but her opponent, Albert T. Chie; an independent candidate has already been certificated and taken seat. The hearing into the three petitioners filed by Candidates Sneh, Chambers, Sogbie requested the high court to hold the NEC in contempt in line with Section 6.1 of the National Elections law on grounds that they filed an appeal and complaint before the NEC; but the commission denied them a due process but rather went on the certification of the winners of the just ended election.

At the same time, lawyers representing Cllr. Senator Varney Sherman affirmed the arguments of NEC that NEC was not in error to certificate the other candidates.

Disputed Margibi Senator elect Jim Tornonlah is the only person who has two complaints against him; one is from Saah Gbollie and CDC candidate Ansu Sonnie.

The High Court during the hearing reportedly said the Full Bench has only five petitions before them on grounds that they took an appeal to the court after hearing from the NEC. Furthermore, lawyers of petitioner Chambers and Fodee Kromah told the court to revoke the certificates from the disputed Senator.

But section 6.2 of the Election law give right to NEC to certificate while a complaint is pending before them.

The CDC through its acting Chairman Nathaniel McGill disclosed that the party’s ticket that Dr. Kromah ran on was not aware of a petition to the Supreme Court and it his action was not in accordance of the party.

The Court has rescheduled the hearing of petitioner Saah Gbollie against Senator elect Jim Tornonlah based on a submission made by the legal counsel of Tornonlah.

But Cllr. Thompson Jarbah, representing the CDC’s defeated candidate Dr. Fodee Kromah argued that Dr. Kromah filed the case in his own name and not the political party since it was the candidate who has great interest.

It is yet to be established whether the two seated senators and the other certificated recently certificates can be revoked by NEC.