By Precious D. Freeman
The Supreme Court of Liberia has, with immediate effect, ordered the National Elections Commission to conduct recounts in several election dispute cases adjudicated on Wednesday, January 17, 2024.
Key amongst those cases, the High Court mandated recount to include Madam Ruth Sawmadal, Coalition for Democratic Change, Representative Candidate, District 2, Rivercess County, Vs. Steve Tequiah, Independent Candidate, declared winner and Juah S. Dennis, Representative candidate, District 5 of Grand Bassa County, and Thomas Goswell of CPP, declared winner, District 5 of Grand Bassa County.
The Supreme Court, in its Wednesday’s judgment, mandated the National Elections Commission to conduct the recounts of the disputed elections of the parties involved within 7 working days.
The High Court maintained that, having thoroughly reviewed the facts and the evidence and analyzed the laws relevant to the issues raised by the parties, it hereby looked at the overriding objective of the Elections Law to secure transparent and accurate determination of the results of an election that reflects the will of the electorates; that the appellant, having substantially alleged and established that some valid votes were declared invalid, and that the representative record of the counts were withheld in two centers, coupled with the alarming number of declared invalid votes in many polling places in District 2, Rivercess County, a recount in the 11 centers alleged in the appellant’s complaint, which were testified to and testimonies corroborated, is imperative.
“Wherefore and in view of the foregoing, the appellant’s appeal is hereby granted and the ruling of the Board of Commissioners (BOC) affirming the ruling of the Hearing Officer of the National Elections Commission (NEC) is reversed,” stated the Supreme Court.
The National Elections Commission (NEC) is hereby ordered to conduct, within 7 days as of the reading of the Mandate of this Court, a re-count in the 11 centers, including the 2 centers where the Representative Record of the Counts were withheld.
Meanwhile, the Supreme Court has denied an appeal by Mary M. Karwor, CDC Representative candidate, District 2, Grand Bassa County, after she lost the election to Clarence Tenpenneh, Independent Candidate.
The Supreme Court said Madam Karwor’s allegation does not constitute proof, and unless said allegation is supported by evidence, it shall remain mere allegation, because it is evidence alone which enables the court, tribunal or administrative forum to pronounce with certainty the matter in dispute.
In the instant case, the records having established that the appellant failed to provide sufficient evidence to support her allegation of election irregularities, fraud, and tampering with elections materials, her request for a re-count and re-run, respectively in polling places specified in her complaint, cannot be sustained; and that it is the law, that “For an election to be declared void on account of an elections offense, the offense must be committed by the candidate or by a third party who has the consent and knowledge of the candidate to commit such an offense.” In the instant case, the appellant failed to establish that the individual in whose vehicle purported ballot boxes were placed was connected to the 2nd appellee, or that the 2nd appellee had knowledge of the alleged acts or that he authorized said acts.
“Wherefore and in view of the foregoing, the ruling of the Board of the Commissioners (BOC) of the National Elections Commission (NEC) is affirmed; however, for the reasons stated in the opinion. The National Elections Commission is ordered to proceed with the certification of Mr. J. Clarence T. Banks as the winner of the Representative seat for District 2, Grand Bassa County. The Clerk of this Court is ordered to send a mandate to the National Elections Commission to resume jurisdiction over this case and give effect this Judgment,” the High Court mandated.
Meanwhile, the National Elections Commission (NEC) informs the public that it will this Friday, conduct a re-count in 70 Voting Precincts in Electoral District Number Four in Nimba County.
The NEC says, this re-count in Nimba County is based on a mandate from the Supreme Court of Liberia. An 18-member team of technicians from the headquarters of the commission has been deployed to assist the Magistrate to conduct the re-count in Nimba County.
In a related development, the National Elections Commission announces that it will conduct a re-run in Electoral District number 2, with Precinct Code number 27020, named Old Sodaken Town Hall in Maryland County on Friday, 25 January 2024.
The Commission informs the public that the re-run in Maryland is also based on a mandate from the Supreme Court of Liberia.
The NEC says, campaign for the re-run in the Old Sodaken Town Hall precinct, in Maryland county begins today Wednesday, 17 January 2024 and will end on Wednesday, 23 January 2024.
A 12-member team of technicians from the headquarters of NEC has also been deployed to assist the Magistrate to conduct the re-run in Maryland county.
Meanwhile, the Commission is inviting all stakeholders, including political parties, local and international observers and the media to witness both the recount in Nimba and to observe the re-run in Maryland counties.
