Court Grants Motion To Vacate Preliminary Injunction In PUL Elections Case:

The Civil Law Court ”B” under the signature of the clerk, Nah Wollor, has granted a motion to vacate the Preliminary Injunction placed on the recent Press Union of Liberia (PUL) elections scheduled for November 9 or else, a judgment by default will be rendered against them. The clerk of court said the court has ordered that the petitioners file their reply to the court in 10 days which is expected to be on November 23 thereby ordering the defendants’ rights restored pending the determination of the hearing into the petitioners ‘petition.
The court’s order emanated when the movants filed a six-count motion praying the court to vacate the petition for Preliminary Injunction though their legal council, Bobby Livingstone, stating that the court should allow the elections be proceeded with in keeping with the Constitution of the Union and guidelines set by the Elections Committee.
The movants’ legal counsel believes that the petition was done in bad faith with the intent to hold the Union hostage and plunge it into a constitutional crisis because according to them, the petitioners participated in the process leading to the application, qualification of candidates and the congress which began on November 7.
According to the movant’s counsel, the process scheduled to be climaxed on November 9 began with the holding of the elections for a new corps of officers thereby accusing the petitioners of not raising any issue with the leadership neither did they seek any legal remedy with the Elections Committee as provided by the elections guidelines for which redress was not provided.
The movants explained to the court that the petitioners were present and participated in the panel discussions and the debate which were held on November 8, at the University of Liberia Auditorium and did not raise any qualm or bring to the attention of the Elections Committee or the Congress Committee any complaint or grievance.
The movants revealed that there is no showing they were served any petition for cancellation of elections filed before the court to serve as the basis for filling and issuance of a petition for Preliminary injunction.
The movants further explained that the entire petitions is of no legal basis because it was not lawfully before the court and same should be vacated as matter of law and practice and prayed that the injunction is entertained on the account of unsubstantiated claims by handful of members wherein petitioners did not state with particularity and specificity the offense committed by the PUL leadership and the elections Committee and the reliance thereto noting, “It works against the greater good of the organization and therefore the court should not entertain an empty and disingenuous application.”
Meanwhile, the granting of the motion to vacate the Preliminary Injunction in no way indicate that the process can be proceeded with as the judge has given the petitioners 10 days to file their reply so that the case can be proceeded with,” the aggrieved party said when contacted yesterday evening.
The petitioners said it is impossible for the elections to recommence when not a single count of their petition was given due process as the judge’s ruling was only in whether or not to drop the petitioners’ petition and this ruling was handed down with a caveat which should be adhered to by all parties.
on Saturday, November 9, the 6th Judicial Circuit of the Civil Law Court of Montserrado County placed a Notice of ‘Injunction and Temporary Restraining Order’ on the much-talked about and widely-anticipated process upon the requests of petitioners Sekou Sherif, W. Omecce Johnson, Sebo Williams and Samuel Hassay, all of the city of Monrovia on different media-related issues.
In the petitioners’ request among other things which is still before Judge Dahn, they prayed the leadership of the PUL to not be allowed to go ahead to conduct the election due to inconsistencies of the PUL’s membership roll.
Another issued cited by the petitioners is the willful violation of the PUL’s constitutional provision establishing a timeline for the publication of the entire membership roll which states that, that should be done within 30 days prior to the holding of the said elections.
Other points raised in the petitioner’s petition was the expulsion of Journalist Sekou Sheriff and noted that it is in violation of Article 29 of the PUL Constitution and the petitioners argued that he was not accorded due process and that the action against Journalist Sheriff was illegal and done with malevolence.
The petitioners also stated that the continuous glaring, deliberate and flagrant constitutional breaches and violations perpetrated by the leadership of Charles Coffey have the inclination to impugn upon the integrity of the PUL and render it a club of cronyism, if left unaddressed.
Additionally, the petitioners stated that those constitutional violations which range from illegal recruitment of individuals who have not been certified by the criteria of being a full member and which states that an application must first be submitted to the Secretary General and subsequently forwarded to the membership committee for subsequent action as guaranteed by Article 18 (a) and circulation to institutional membership, copies of financial reports and statements and comprehensive reports of programs and projects during the stewardship of the leadership for the last three years was not observed and taken into consideration as required by law.
The petition further states and attempt to abort the prerogatives of the Rule of Law and proceed on the contrary to continue recruitment of illegitimate members for the purpose of participating and voting in the ensuing PUL elections, as stated in Article 4, Section 1 (a) I & II, is unwarranted and would cast aspersion on the integrity of the Press Union of Liberia.
Meanwhile, the Notice of Injunction and Temporary Restraining Order, a copy which was obtained by this paper, directed PUL’s president, Charles B. Coffey, Secretary General, Daniel Nyakona and the EC chairperson, Jarlawah Tonpo, the PUL Elections Commission and others acting and operating under said authority of Judge Roland Dahn, Assigned Circuit Judge, that they are restrained and enjoined from further proceeding to conduct the elections, until the court determines the petitioner’s request for cancellation of the ensuing PUL elections.
Judge Dahn’s Injunction Order states: “You and all person or persons whomsoever acting directly or indirectly under your supervision or authority are hereby temporarily restrained and enjoined from further proceeding to conduct the elections of corps of officers of the Press Union of Liberia and other election-related activities thereto, until the court shall finally determine the petitioner’s petition which is now pending before it. Or until further notice from the court.”
“And you are also notified of the petitioner’s petition for preliminary injunction and that you are hereby required to appear before this honorable court on or before the 19th day of November A.D. 2019. If this preliminary injunction should not be granted, a Writ of Injunction shall be ordered issued against you,” the court stated.
The injunction by the Civil Law Court follows a request made by some petitioners for the cancellation of the ensuing PUL election due to gross violation of the PUL’s Constitution and ill-regularities of the process leading to the election.