By Grace Bryant
The Supreme Court has quashed what many perceived as a calculated plan by the embattled chairperson of the fragmented Liberty Party, Musa Bility to create elections chaos by praying the court to deny breakaway members of the Collaborating Political Parties (CPP) from contesting in the Lofa County Senatorial re-run election.
Bility and ANC filed a complaint to the National Elections Commission (NEC) challenging Section 8.5 (2) of the CPP’s framework document which according to them prescribes the process by which a constituent party may withdraw its membership.
According to the complaint, Section 8.5(2) of the CPP framework document states that: “Constituent Parties desiring of withdrawing from the CPP shall first exhaust the dispute resolution mechanism stipulated in the framework document. If the Constituent Party which has satisfied the dispute resolution mechanism is not satisfied with the outcome, it shall file a resolution to withdraw from the CPP signed and duly executed by two-thirds (2/3) of the membership of the National Executive Committee. However, that a party withdrawing from the alliance prior to the next presidential, legislative and local elections shall not field candidates in its name until 2024.”
Invoking Section 8.5 (2) of the CPP framework, the ANC and LP called on the NEC to reject and deny any application from the breakaway ALP and UP to field candidates in their names in any election until the expiration of the 2023 elections and including up to six months in line with the CPP’s agreement.
However, the Supreme Court opinion which was read by Chief Justice Francis Korkpor stating that in the law, the power to declare rights, status and other legal relations are ascribed to courts of records within their respective jurisdiction and not to an administrative body and as such, the NEC acted properly when it declined to address the request contained in the LP’s letter complaint.
Korkpor further stated that the Constitution of Liberia is the supreme and fundamental law of the land and its provisions have binding force and effect on all authorities and persons throughout the Republic indicating, “Any law, treaties, status, decrees, customs and regulations found to be inconsistent with it, to the extent of the inconsistency, must be void and of no legal effect and must be so declared by the Supreme Court.”
The high court judge added that the purported section 8.5(2) of the Framework document of the CPP which prevents its constituent political parties that had duly withdrawn from fielding candidates in an election violates Article 17 & 79 of the organic law of the land and that Article 17 further states, “All persons, at all times, in an orderly and peaceable manner, shall have the right to assemble and consult upon the common good, to instruct their representatives, to petition the Government or other functionaries for the redress of grievances and to associate fully with others or refuse to associate in political parties, trade unions and other organizations.”
stating Article that, “No association, by whatever name called, shall function as a political party, nor shall any citizen be an independent candidate for election to public office, unless the association or independent candidate and his organization meet the minimum registration requirements laid down by the Elections Commission and are registered with it,’ the Supreme Court ruled that, “Wherefore and in view of the foregoing, the ruling of the Hearing officer which was confirmed by the Board of Commissioners of the NEC is hereby reversed.”
“The purported section 8.5(2) of the CPP framework document, being manifestly against the constitution, statutory laws and public is hereby declared null and void ab initio,” the high court ruled and added that, “The appellant, ALP and UP having duly withdrawn from the CPP are free and at liberty to pursue any political interest in their names, including the fielding of candidates in the ensuing Lofa county senatorial by-election, if they wish to do so.”
Meanwhile, Unity Party’s political leader, Joseph Boakai, noted that this is not only a victory for the people of Lofa County, but a momentous victory for the people of Liberia, and signifies renewed hope that Liberia is on its way to experiencing selfless, quality leadership; a leadership that you can trust!
“In the coming days, you will begin to see a mass movement of Liberians, both at home and abroad, subscribing to this vessel of honor, with a strong determination to restore Liberia’s lost image. Get ready, Liberia will rise again,” he added.
“As Standard Bearer of the ever-potent Unity Party, I congratulate the legal team headed by former Chief Justice Cllr. Gloria Musu Scott, Chairman Amin Modad and the leadership of the Party, partisans and supporters of the UP, the All Liberian Party of my good friend Benoni Urey, and Liberty Party of our distinguished Senator Nyonblee Karnga-Lawrence for this remarkable success. This victory is the beginning of what will happen in 2023,” he expressed.
