By Precious D. Freeman
The Supreme Court of Liberia has ordered the National Elections Commission to conduct a rerun of the October 10, 2023 representative election at two polling places only, with precinct code #27020 in Old Sodoken, District 2, Maryland County.
The Supreme Court noted that the decision of the National Elections Commission to have dismissed Chambers’s contention complaint, without considering issues raised about the violence that was allegedly perpetrated by traditional people during the polling process, was unfair.
The Court noted in its ruling that in an instance where election violence is proven, as it was in the case of District 2, Maryland County, and to ensure that people are allowed to exercise their constitutional political franchise, a re-run or re-count is necessary.
The Supreme Court argued that the election was not conducted for District 2, Maryland County alone, but for the Republic of Liberia, and voters were to vote for all the candidates and various positions, noting that there were nine candidates and each political party would have had poll watchers, yet, Chambers failed to produce any of these poll watchers to prove his claims of ballot-stuffing.
Notwithstanding, the Court asserted that the threats of violence by the traditional people to scare away voters had a severe impact on the district’s elections, especially at the two polling places named in Old Sodoken, since there were narrow margins.
The High Court furthered that it has established that election violence occurred in polling places 1 and 2, Old Sodoken Town, with precinct code 27020, District 2, Maryland County, and a re-run was ordered.
Chief Justice Sie-A-Nyene Yuoh, among other things, ordered the NEC to conduct a re-run of the election at the two polling places under strict security presence, to ensure that all citizens eligible to vote at said polling places have the opportunity to fully exercise their constitutional franchise.
Chief Justice Yuoh instructed the Clerk of the Supreme Court to inform the National Elections Communication accordingly, noting that costs are to abide by final determination.
It can be recalled that Speaker Bhofal Chambers complained to the Supreme Court of the decision of NEC to dismiss claims he raised about the alleged discrepancies in the Maryland County District 2 Representative election, favoring Anthony Williams, and appealed to the Supreme Court, to determine whether the NEC’s decision was legally appropriate.
Following the October 10, 2023 elections, the NEC declared Anthony Williams as the winner of Maryland County District 2, but in a letter dated October 23, 2023, Chambers complained to NEC that there were several discrepancies in the counting and tallying process and leveled numerous claims against the NEC staff in the county.
The former Speaker complained that there were illegal voters in the polling places after the close of the polls, and that polling was also allowed to go on after 10 pm; that the CDC was denied participation in the final counting process, as well as unveiling of the traditional masked dancer (Country Devil) which provoked violence between his supporters and the traditional people.
Chambers complained to the NEC’s hearing office and then the Board of Commissioner relative to said allegations, and a hearing was duly conducted and a ruling made in favor of Williams that Chambers did not have sufficient evidence to support his allegation, thereby declaring Anthony Williams winner.
However, Chambers took an exception to the NEC’s decision and filed a 36-count complaint to the Supreme Court to decide.
The Supreme Court, however, noted that some of the counts mentioned by Chambers in his complaint were duplicated.
On the other hand, the Supreme Court noted that, from the review of the record, the NEC’s response provided no basis for the answer to allegations made by Representative Chambers.
Nonetheless, the court said the “disappointing response” of NEC in no way gives rights to Chambers’s allegations, since Chambers was also under obligation to produce substantial and cogent evidence of his allegation and that mere allegation is not proof.
Meanwhile, the Supreme Court said, despite most of the claims by Chambers lacking basis, the actions of traditional people course-plotting violence must not be ruled out, since there is a close margin of votes between the two contenders.
On the other hand, the Supreme Court dismissed and denied the appeal filed by Bishop Nimely Donyen, Independent Representative Candidate, Montserrado County District 2, and thereby affirmed the ruling of the NEC Board of Commissioners
The High Court, in its ruling, noted that Bishop Donyen failed to convincingly establish and prove the discrepancies and vote alterations alleged by him.
The ruling stated that the burden of proof rests on the shoulders of the complainant and that the party that alleges must be in the position to prove their case beyond all reasonable doubts.
The ruling noted that its evidence alone was not sufficient enough to enable the court, tribunal, or administrative forum to pronounce with certainty the matter in dispute, and no matter how logical a complaint might be started, it cannot be taken as proof without evidence.
The Court, however, ordered the National Election Commission to resume jurisdiction and proceed to certify Sekou Kanneh as the winner of the Representative election of District 2, Montserrado County.
Following the pronouncement of the result that saw Sekou Kanneh as winner of the district, Bishop Donyen filed a lawsuit to the magistrate of the National Elections Commission as mandated by the New Elections Law, alleging electoral fraud in the representative election in the district.
He described the process as fraudulent and called on the NEC to do a recount or a rerun of the vote.
The bishop’s claims were denied by the NEC magistrate and the Board of Commissioners of the NEC on the basis of lack of facts and evidence to prove his claims.
Not being satisfied with the decision of the NEC, candidate Donyen ascended the stairs of the Supreme Court, where he filed a lawsuit against the NEC and candidate Kanneh for fraud and prayed the Court to examine the NEC’s decision and revoke Kanneh’s victory.
