By Grace Q. Bryant
The Justice assigned in Chambers, Joseph Nagbe, has scheduled Friday, January 8 at 11: A.M. for the hearing of the Writ for Prohibition requested by the Coalition for Democratic Change (CDC) senatorial candidate in Gbarpolu County.
The outcome of this hearing could hamper the reelection scheduled for Nomodatonau, in Gbarpolu County as the petitioner has informed the high court that the conduct of the respondent’s action or decision to conduct re- run in Gbarpolu County is ultra vires, illegal and a path pursued by wrong rules.
The petitioner informed the court that all of its motions were filed before the NEC and are pending hearings yet, the NEC has scheduled a re- run and conduct of election for Thursday, January 7, and is presently engaged in the mobilization of its officials for election in Gbarpolu County on the schedule date.
Meanwhile, Petitioner Alfred Kiawood on January 4, requested a Writ of Prohibition from the Justice in Chambers; which is a pre-emptory writ to stay all proceedings and subsequently issue an alternative writ against the National Elections Commission (NEC).
According to the complaint filed, the petitioner is praying the Supreme Court to refrain, enjoin and prohibit the National Elections Commission of Liberia from conducting a re-run in Gbarpolu County, Liberia.
However, while candidate Kiawood’s formal complaint is still pending before the Assistant Magistrate presiding in Gbarpolu County, Willie Sumo, his legal team filed a motion for the change of venue to have the case transferred before the NEC.
The complainant’s allegations border on votes fraud, election violence and irregularities as contained in his petition which accordingly requires serious action and precautionary decision on the part of the respondent.
The petitioner also explained that since the motion for change of venue was filed before the Magistrate, the judge had failed to assign the case and that no action had been taken by the Co- respondent (NEC) and the Magistrate.
The petitioner also filed a summary proceedings before the Board of Commissioners headed by the Chairperson Davidetta Browne-Lansanah to prohibit and correct the illegal conduct of the Magistrate but the NEC Board has failed to conduct a hearing on the motion filed and to issue a stay order.
“Prohibition will lie where the tribunal or respondent has assumed jurisdiction not ascribed to it by law or has exceeded its designated jurisdiction or in the exercise of its lawful jurisdiction is proceeding by wrong rules other than those which ought to be observed at all time, Mary Broh vs. House of Representatives (2014) LRSC 24, decided January 24, 2014,” the petitioner quoted.
It can be recalled that the town chief of Gbarpolu County denied some 2,021 registered voters from voting after he forcedly seized a ballot box assigned at the Nomodatanau Town Hall voting precinct in District #3.