PHOTO: Sen. Sherman leaving the Supreme Court on Thursday
By Garmah Never Lomo, garmahlomo@gmail.com
Appearing at the Supreme Court on Thursday in the matter involving the NEC Board of Commissioners and the Liberian Senate, the Chairman of committee on judiciary at the Liberian Senate, Cllr. Varney Sherman has described the Writ of Prohibition prayed for by NEC through their legal counsel, Cllr. Wilkins Wright as “premature”.
Cllr. Sherman, who is Grand Cape Mount County Senator, is has been battling bribery and corruption claims recently leveled against him by the United States Treasury Department, claim he has since dismissed.
During the Senate’s conference with NEC at the Supreme Court on February 25, 2021Sen. Sen. Sherman argued that to the best of his knowledge there was no decision taken in plenary by the Liberian Senate to jail the NEC commissioners. The Senate accused the NEC of obstructing their work and violating the Liberian constitution by failing to dispose of election dispute cases within the constitutionally required 30 days.
He said assuming the Senate voted to send the NEC Board of Commissioners to jail, will they tell them to go home last Thursday and tell them come prepared this Tuesday? He said with common sense no one will do such.
The head of the Senate Judiciary committee further argued that there are committee which senator who Election matters are in dispute should be occupying those committees for example defense and security, ways means and finance among which the NEC is impeding their work.
Sen. Sherman added that there was eminent threat to the Board of Commissioners of the NEC as being claimed by their lawyer Cllr. Weights and more besides writ of prohibition can’t be granted based on mere apprehension of a party.
Also appearing for the Board of NEC commissioners, former Supreme Court Associate Justice Cllr. Wilkins Wrights said that the Senate votes 7 against and 2 for create an eminent threat against the NEC Board of Commissioners.
Cllr. Wright argued before the Chambers Justice of the Supreme Court Sie-A-Nyene G. Youh that decision taken by the Liberian Senate was an eminent threat against his client NEC commissioners adding that their votes constitute a quorum.
He maintained that once the threat is still hanging over the NEC Board of Commissioners without being trashed, it is still an eminent threat.
Cllr. Wright, who is former Supreme Court Justice, said the Liberian Senate are not police officers to send people in jail if they violate any chapter of the constitution but rather it is the Judiciary responsibility to take jurisdiction over said matter instead of the Senate.
However, Cllr. Weight pleaded with the Justice in Chambers to rescue the NEC Board of Commissioners by issuing the alternative writ.
The NEC legal counsel informed higher Court that the record should reflect on the meaning of court since Cllr. Sherman said there was decision taken in plenary but his colleagues took decision which he (Senator Sherman) was absent in section during the decision.
Cllr. Wright therefore prayed court to issue the alternative writ of prohibition to conduct a regular hearing into the matter and grant NEC all other legal relief as would be just and equitable.
Meanwhile, the Justice in Chambers, Sie-A-Nyene G. Yuoh has told Cllr. Sherman that the Supreme Court opinion on Article 83 (C) of the Liberian constitution does not end with 30 days until the Supreme Court speaks to it. But Cllr. Sherman said if not 30 days should the NEC takes 5 years to hear Election dispute cases.
Justice Yuoh however reserved ruling into the matter involving the NEC vs the Liberian Senate.
On February 23, 2021, the Supreme Court of Liberia issued a writ of prohibition which reads by directive of her Honor Sie-A-Nyene G. Yuoh, Associate Chambers Justice, you are cited to a conference on Wednesday February 24, 2021, at the hour 11:00am in connection with the above captioned case (Petition for a Writ of Prohibition).
You are hereby ordered to say all further proceedings and or actions in the matter to include the incarceration of the Petitioner pending the outcome of the conference, Justice Youh added.