-Nov 7 date looks increasingly uncertain
By our Staff Writer
The full bench of Liberia’s Supreme Court today, Friday heard legal arguments between lawyers of the National Elections Commission (NEC) and the opposition Liberty Party (LP) of Charles Brumskine, who is asking the court to stop the holding of the November 7 presidential runoff election.
LP is claiming that the October 10, 2017 first round was marred by “massive fraud” and other irregularities.
Hundreds of Liberians and international observers thronged the Temple of Justice building-seat of the country’s highest court- to listen to the legal arguments for and against the LP’s writ of prohibition filed last week.
But after some two hours of listening of arguments and cross examination of both parties by Justices, the court reserved ruling in the case until next Monday morning, with the temporary stay order placed on all activities leading to November 7 runoff remaining enforced.
In their brief, the petitioner (LP) said: “Ön October 27, 2017, the petitioners filed the instant petition for the Writ of Prohibition. The gravamen of the pretention centers around Petitioner’ argument “that should the Respondents be allowed to continue the run-off process, holding the second-round election on November 7, 2017, the second-round election could very well be held, and the entire electoral process concluded, prior to the final determination of the Petitioners’ grievances, as contained in the Complaint, by the Supreme Court of Liberia.” The Petitioners further argued that “a continuation of the run-off process would make any judgement in their favor ineffectual, rendering the Complaint and their entire lawsuit legally nullities”.
LP lawyers further says in their argument:
“On October 24, 2017, Petitioners wrote the Respondents. The second paragraph of the letter read thus: “We therefore, most respectfully request the NEC to publish, without delay, an order violation of the Constitution and elections law, fraudulent acts and gross irregularities during the October 10, 2017 elections. Consistent with the New Elections Law, the complaint was forwarded to the Hearing Officer at the NEC. Hearing into the Complaint commenced on October 27, 2017 and is in progress. The Complainants/Petitioners rested evidence on October 28, 2017 and the Defendant/Petitioners rested evidence on October 28, 2017 and the Defendant/Respondent would have immediately taken the stand except for a Motion to intervene filed by the Unity Party. The Motion was disposed of on October 31, 2017.”
But in their argument, lawyers representing the electoral body thrashed the claims made by LP that the results of the October 10 polls were not credible.
NEC lawyers in their brief to the Supreme Court say the conduct of the scheduled November 7 runoff presidential election was planned in line with the Commission’s “constitutional and statutory duty and responsibility to “conduct all elections for elective public offices”.”
“Consistent with their duty and responsibility cited above, the NEC conducted Presidential and Representative elections on October 10, 201. In consonance with its constitutional and statutory responsibility to conduct a runoff election in the event no Presidential and Vice Presidential candidate attain absolute majority (at least fifty percent (50%) plus one vote, the NEC announced on the 19th day of October 2017 that the runoff election would be held on the second Tuesday following the expiry of the time provided in Article 83 (c ) of the 1986 Constitution, same being November 7, 2017. For reliance see Article (b ) (c ) if the 1986 Constitution.”
The hearing, which was originally scheduled for Thursday November 2—National Thanks Giving Day—was later put up to Friday because the both parties to the case had not completed their briefs.
During the questioning, Justices wanted to know why NEC went ahead to announce a runoff date, in the wake of unconcluded hearings into the LP and other complaints of irregularities arising from the October 10 polls. One justice inquired that if the national electoral wanted to make the 15 days timeframe it raised in Article 83 (c ) of the constitution, then the runoff date should have been October 31, 2017.
With ruling being reserved for Monday, November 6, it is all but certain now that it is practically impossible to conduct the second round of election between George Weah’s Coalition for Democratic Change (CDC) and incumbent Vice President Joseph Boakai of the ruling Unity Party on November 7.
Boakai’s UP and Benoni Urey’s All Liberian Party (ALP) recently backed the legal challenge being put up by Brumskine’s Liberty Party (LP).
Because of the injunction placed on the November 7 runoff, NEC has since last week halted all activities surrounding conduct of the polls including deployment of ballot papers and other election materials as well as training of poll workers which were in motion at the time of the high court writ of prohibition.