Supreme Court To Hear Writ Of Mandamus
Monrovia- As ballot paper and other election materials arrive in the country from Ghana, NEC says it has begun packaging them but is yet to publish the Final Registration Roll (FRR) of voters, less than two weeks to the October 10 presidential and legislative elections, as Garmah Never Lomo reports.
The main opposition Unity Party (UP) says the FRR must be made available in published hard copies to all Election Magistrates and polling places across the country By-law before any run-off election begins.
In the wake of the delay and violation of the 30-day timeline for the publishing of the FRR prior to the polls, the UP of former Vice President Joseph Nyemah Boakai has filed a writ of mandamus against the National Election Commission (NEC) Chairmen Davidetta Brown Lassanah compelling them to publish the voter roll.
On September 16, 2023, NEC said: “Printing of the Final Registration Roll (FRR) began began about a week ago and is progressing well. NEC staff are working day and night to ensure the voter roll and other election materials are deployed in time for the October 10, 2023 general elections, especially given the challenges with delivery of those materials to some parts of the country.”
By Tuesday, September 26, 2024, NEC had still not released the FRR and even up to the posting of this news report (Wednesday, September 27, 2023) the FRR is yet to be published.
The UP on Tuesday filed a Writ of Mandamus at the Supreme Court. This writ is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty.
UP’s writ of mandamus was filed Tuesday 26,2023, at 11 a.m. before Chamber Justice Jamesetta Wolokolie.
The Unity Party in their petitioner prays for the issuance of the mandatory writ of mandamus compelling NEC (Respondent) to perform its specified legal duties to have the Final Registration Roll of certified voters by location published and distributed to Political Parties and Independent Candidates.
According to the UP, it’s a duly Registered, certified, and accredited Political Party under the Laws of Liberia. and the Unity Party have participated in every election dating back from 1985, 1997, 2005, and 2011,2017 and will be participating in forthcoming General and Presidential Elections starting on October 10, 2023.
The UP noted that the Unity Party was accredited in keeping with Section 2.9(d) of the New Elections Law of Liberia.
The former ruling Unity Party indicated that consistent with duties devolved on the National Elections Commission (NEC) by the New Elections Law and as well as by
an Opinion of the Supreme Court, the NEC is mandated to publish and submit to political parties and Independent Candidates copies of the Final Registration Roll of all registered voters disaggregated by locations in every electoral district in the country.
The Petitioner said, inconsistent with the 2023 Voter Registration Regulations, Final Registration Roll means a list of registered voters who are qualified to vote that is produced following exhibition and decision(s) on voters’ appeal(s), claim(s), and challenges and required changes to the provisional registration roll.
Unity Party (Petitioner) Mentioned, that on August 29, 2023, the Chairman of the National Elections Commission appeared by the Senate under oath and faithfully promised to provide the FRR on the 18th of September 2023. But the NEC has failed up to its statutory responsibility which they are under oath to adhere to.
The petitioners further said that a formal communication was addressed to the Chairman of the National Elections Commission on September 18, 2023, requesting the “Final Voters Registration Roll.
Moreover, petitioners say that consistent with Section 16.1 of the 20 23 Voter Registration Regulations, NEC may take necessary measures to clean/correct any inaccuracies discovered on the voter roll.
The Petitioners contend and say that Section 16.1 of the 2023 Voter Registration Regulations is a mandatory procedure that should be undertaken by NEC; and that NEC may take necessary measures to
clean/correcting any inaccuracies discovered on the voter roll should not be allowed by the Court, and the Court should declare it a mandatory The process as this process borders on the integrity of the votes in the election day.
Accordingly, the UP lamented that consistent with the 20 23 Voter Registration Regulations, Section 16.5, the Final Registration Roll (FRR) for each magisterial area shall be available at that magisterial office for public inspection during normal business hours.
They explained, consistent with 16.6 of 2023 Voter Registration Regulations, the NEC may provide stakeholders with electronic copies in colors of the Final Registration in a secured form. And to count Eight (8) of Petitioners petition contend and say that Section 16.6 of the 2023 Voter Registration Regulations is a mandatory procedure that should be undertaken by NEC; and that NEC may provide stakeholders with electronic copies of the Final Registration Roll in a secured form, should not be allowed by the Court; and that the Court should declare it a mandatory process as the process borders on the integrity of the votes on election day.
Petitioners say since the pronouncement by the Executive Chair of the NEC the Final Registration Roll will be published to the public and issued to Political Parties and Independent Candidates on September 21, 2023; and Petitioners contend that the pronouncement by the NEC has not been done, which amounts to an irregularity that will undermine the integrity of the votes on election day.