The Associate Justice presiding in chambers at the Temple of Justice, Joseph Nagbe, has declined on granting a request to the Coalition for Democratic Change (CDC) a Writ of Prohibition against the National Elections Commission (NEC) and senator-elect Edwin Snowe in Bomi County.In a letter to the chairperson of the NEC, Davidetta Browne Lansanah, Associate Justice Nagbe stated, “By the detective of his Honor Joseph N. Nagbe, assigned Associate Justice presiding, you are hereby informed that the Justice has declined to issue the writ prayed for by the petitioners.”
It can be recalled that a petitioner was filed to the Supreme Court to prohibit the NEC from certifying senator-elect Snowe who has already been declared winner of the senatorial election in the county until their complaint which has already been heard and adjudged by the NEC’s hearing officer is decided by the Board of Commissioner and possibly, the Supreme Court.
The CDC alleged among other things that several tally sheets bearing Grand Gedeh County instead of Bomi was discovered in the county and that the tally sheets marked Grand Gedeh with voting precinct CH Dewey District #1 Polling place 1 center code: 033071 and voting precinct Malema Town District #2 Polling place 1 center code 0304 and also had on them results inserted for nine candidates while there were only five candidates in Bomi County.
“How possible would senatorial candidates from Grand Gedeh County become part of the count for senatorial candidates for Bomi County which constitutes gross irregularities and fraud,” the CDC averred in the complaint.
According to the ruling party who was represented in the Bomi senatorial race by J. Alex Tyler, they also discovered that the record of the count exceeded the total distribution of ballot papers per polling place.
The CDC cited the Gbah Jeh-keh, District #1 polling place 4, center code: 03006 which used 163 ballot papers while the unused, spoiled and discarded ballot papers were 550 bringing to a total 713 ballot papers instead of the 550 reportedly supplied to the center by the NEC.
The complaint further noted that there were similar irregularities in the reconciliation of the ballot papers reportedly supplied and the number of used, unused, spoiled and discarded ballot papers at a number of other polling places including voting precinct Barmo Palava hut District #1 polling center 1, code 03002; Nyoundee Town Hall, District #2 polling place 1, center code 03007; Geveh Fahncee District 2 polling place 1; Mary Camp District 1, Sackie Town, District 1, polling place 1, center code 03042.
The ruling party also stated that another irregularity that showed that voting precinct Red Hill Palaver Hut District #1, polling place 1, center code 03047, ballot cast were 409, no unused, spoiled, discarded totaling 409 instead of the 550.
They also alleged that during the tallying of the results, the ballot boxes seal were broken without authorization from their representative which necessitated a recount leading to their candidate obtaining four votes which was the actual votes which were said to have been obtained during the physical counting of the votes cast while the petitioner’s votes were inflated to 41.
“Additionally, on the tally sheet of the same polling place, 139 ballot papers were discovered in the ballot box instead of 409; a difference of 270 ballot papers,” the complaint observed.
The CDC contended that the NEC decided not to conduct a free, fair and transparent elections because their representative and Rep. Snowe’s representative that were in the tally room on December 9 consented that two of the ballot boxes had multiple problems and should be therefore quarantined and was quarantined. However, the NEC went on to tally the results without the knowledge of the CDC.
“Petitioner says total polling places that were occasioned by massive fraud, irregularities, alterations and discrepancies were 45 and multiplying 45 polling places by 500 votes per each polling place will yield the product of 22,500 votes. Petitioner says that it is worthy to note that if any one of the candidates fairly and accurately obtained half of the total votes in the December 8, 2020 Special Senatorial Elections will become true and uncontestable winner.”
According to the Independent Hearing Officer at the NEC after entertaining arguments and the reviewing the evidence made available observed that CDC’s lawyer could not specifically show that said irregularities, flaws and illegalities resulted to the defeat of their candidate.
However, the NEC hearing officer noted that the lawyers representing the CDC failed to show physical and documentary evidence to prove the allegations outlined in their 13-count complaint noting, “The facts revealed that there were not any mishandled ballots, voter persuasion or inadequate observation of counting in Bomi.”
The Hearing Officer noted that it would, therefore, be an unprecedented exercise of quasi-judicial activism to stop the certification process of the winner of the election by setting aside results as prayed for by the CDC.
The Hearing Officer further explained that having reviewed the exhibits containing 27 pieces of the record presented to establish proof of grave irregularities and illegalities, found no evidence, link or relevance of the documents submitted as proof to substantiate the allegations.
“The complainant did not prove under any standard of proof that illegal voters were counted due to voter fraud and failed to offer any basis for a prayer to annul the results of the December 8, 2020 special senatorial election in Bomi County,” the hearing officer stated.
The Board of Commissioners is yet to hear the appeal filed by former Speaker Tyler and the CDC, but the ruling party has petitioned the Supreme Court to put a stay on the certification of senator-elect Snowe who, according to the NEC, won the election in a landslide victory.
Meanwhile, Associate Justice Sie-A-Nyene G. Youh who was supposed to have handled the petition in chambers but informed the Chief Justice on December 22 of her recusal from the case.