The Justice in Chambers, Sie-A- Nyene Yuoh, has issued a Writ of Prohibition in favor of the National Elections Commission (NEC) in its matter with the Liberian Senate’s.
Justice Youh’s decision came following lawyers’ argument before her in a conference over the weekend when the Senate’s legal team represented by Senators, Varney Sherman argued that in fact there was no vote as far as he is concerned, therefore the writ of Prohibition is pre mature and should be denied.
He clarified that contrary to reports that the Senate made a determination in the charge of contempt slammed on the commissioners, the matter is pending before the Senate.
He argued that the Senate has the power to issue contempt on any institutions that will obstruct the functions of the Legislature, roaring that, ” The matter for which we are cited is pending, so the Writ of Prohibition is pre mature.”
The Board of Commissioners earlier filed a 10-count petition to the Supreme Court stating that as a Commission, it is created by the Constitution of Liberia, with the mandate supervise and be responsible for all matters relating to elections throughout the country.
The petitioners argued that it acknowledged a letter from the Liberian Senate addressed to its Chairperson, Davidetta Brown-Lansanah on February 21, 2021citing the appearance of the NEC Board of Commissioners to show cause why they should not be held in contempt for failure to comply with its duties as found in Article 83( c) of the Liberian Constitution to investigate and decide complaints filed against election results.
The legal team of the NEC contended that the Senate is violating the doctrine of separation of powers as the Senate seeks to sit as the complainant as well as the judge and jury, thereby depriving and denying the petitioners’ right to due process of law before an impartial tribunal.
The petitioners lawyers further contend that the Senate is assuming jurisdiction not ascribing to the bylaw and is also proceeding by wrongly against its own rules and therefore, should be prevented from meting out unjust and unfair treatment to the petitioners and wondered what the Senate stands to gain by sending the Commissioners to jail.
The petitioners prayed for the Justice in Chambers’ intervention in the matter and to restore and maintain the rule of law in Liberia by issuing an Alternative Writ of Prohibition to restrain, prohibit and prevent the respondents (the Liberian Senate) from violating the Constitution of Liberia, and for illegally Instructing the imprisonment of the Board of Commissioners is according to them amounts to misuse and abuse of powers.
After the writ was filed, on Tuesday, February 22, the Justice in Chambers ordered the Senate to halt the decision of sending the Chairperson of the National Elections Commission and her Commissioners to the Central Prison on contempt charges.
Associate Justice Yuoh then cited the Senate and the NEC Board to a conference scheduled for Wednesday, February 24, 2021.