Are Cummings And His Supporters Registering, As Phase One Of The Biometric Voter Registration Nears Its End In 6 Counties?
PHOTO: Justice Joseph Nagbe
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia –The lawsuit filed by Alexander Cummings’ Collaborating Political Parties (CPP) to stop the ongoing Biometric Voter Registration exercise because it violates the Liberian constitution raises more questions than answers.
One of the questions has come from an Associate Justice of the Supreme Court of Liberia, Joseph N. Nagbe who recently asked CPP petitioners why they left the Legislature out of the petition and brought the National Elections Commission (NEC)when the Legislature is the focus body in this matter?
CPP filed a petition to the Supreme Court challenging the unconstitutionality of the respondent, NEC who is currently conducting Biometric Voter Registration without demarcating various electoral constituencies after the conduct of the controversial national population and housing census.
During the argument, Justice Nagbe told the petitioner CPP not to use the NEC as scapegoat because the NEC is only executing a mandate from the Legislature.
“Are you afraid of the National Legislature “?
The first phase of the BVR exercise, which is just days from completion, is being conducted in six counties–Montserrado, Margibi, Gbarpolu, Grand Bassa, Bomi and Grand Cape Mount. Other political observers are asking in the wake of their lawsuit whether Cummings and his officials as well as their supporters registering to vote. What happens to them when this first phase of the BVR exercise ends in just several days, since the election law says people shall register to vote in the place they ordinarily reside?
At the Supreme Court, Justice Nagbe said that when he was at the National Legislature, it takes two or three years to set a threshold hold after which the a resolution can be signed by the House of Representatives and Senate and later sign by the president.
The Associate Justice educating the petitioner said it is the responsibility of the Legislature to apportion constituencies and not the NEC.
He added that Article 80D &E are the responsibility of the Legislature to carry out all processes before a census is conducted.
But the petitioner, CPP through it lawyers Cllr. Aloysius Toe and Cllr. Findlay Kangar said, they want the NEC to stop the voter registration based on violation of the Liberian Constitution Article 80C,D and E.
Article 80 C, D and E of the Liberian Constitution says:
- Every Liberian citizen shall have the right to be registered in a constituency, and to vote in public elections only in the constituency where registered, either in person or by absentee ballot; provided that such citizen shall have the right to change his voting constituency as may be prescribed by the Legislature.
- Each constituency shall have an approximately equal population of 20,000, or such number of citizens as the legislature shall prescribe in keeping with population growth and movements as revealed by a national census; provided that the total number of electoral constituencies in the Republic shall not exceed one hundred.
- Immediately following a national census and before the next election, the Elections Commission shall reapportion the constituencies in accordance with the new population gures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be solely within a county.
During the argument, Chief Justice Sie-A-Nyene G. Yuoh asked the petitioner for the status of the CPP after two others parties left and who are they?
Cllr. Toe responded to Chief Justice Yuoh that two parties which include Liberty party and ANC are now the collaborating Political Parties.
Chief Justice Yuoh said the CPP filed a petition at the high court and there is no letter of accreditation attached to their brief but the petitioner wants they the Justices listen to them?
One of the petitioner lawyers Cllr. Toe told members of the Supreme Court Bench verbally that the NEC accredited them but without any evidence to convince the Justices.
Cllr. Toe added that their main purpose of the petition is for the Supreme Court to explain the constitutionality of Census in respect to Article 80C,D and E.
The petition was filed on March 17,2023 at 2:19Pm.
The CPP lawyers argued that Liberia Institute for Statistics and Geo Information Services (LISGIS) wrote the Legislature that Liberia now has 5.2M population. Something he said NEC is in violation of Article 80C, D&E.
He wants the NEC to stop the ongoing voters registration until the demarcations are done.
Cllr. Toe questioned the Justices whether the NEC should proceed with Voter registration in violation of the constitution?
CPP lawyers Toe and Findlay Kangar relied on:
In further relying on Chapter 4 Section 4.1(3) of the New Election Law of 1986 as Amended, which provides that “no change in the definition of a constituency or a voting precinct shall apply to an Election if the Election day is less than twelve (12) months after the day the change is published, unless the commission announces, at least 120 days before the Election day, that all necessary preparations an be made to allow the changes to the election,” Respondent National Election Commission takes the erroneous position that, pursuant to the above cited law, it has no authority to change the definition of a constituency, that is, it has no authority to demarcate constituency of approximately equal population as required by the constitution, unless the Legislature comes out with a New Reapportionment of Electoral constituencies between now and the End of May, 2023, there will not be and cannot be any re-demarcation of New Electoral Constituency for the 2023 General Election.” See counts 6 of Respondents’ Returns. While Petitioner agrees that Respondent has no authority to demarcate constituency unless the Legislature set constituency threshold, Petitioner CPP also contends that Respondent’s position is wrong and unconstitutional under the law in that Respondent has no authority to proceed with voters registration absent a constituency threshold and demarcation.
The petitioner prayed Court as contain in the brief of the petitioner.
As for his part, Justice Yamie Quiqui Gbeisay asked the Solicitor General Cllr. Nyanti Tuan who was representing LISGIS that the Voter registration ongoing now which census results are we operating on? Cllr. Tuan responded that it the 2008 census results and not the recent.NEC being one of the respondents in the petition, was never in violation of Article 80 C, D and E of the Liberian Constitution as it is speculated by the petitioner said Cllr. Micheal Wilkins Wright NEC legal Counsel.
Cllr. Wright Argued that the NEC cannot demarcate or apportioned if the Legislature does not set a threshold.
The NEC legal Counsel further that the ongoing voter registration is being operated on the 2008 census conducted stressing that the 2022 census conducted final results are not out.
He therefore, prayed the high court to deny the petitioner petition because it has no reason of being at the Supreme Court on the basis of separation of powers.
The petition is also a waste of time because it has no meaning neither relevant and requested court to deny the petitioner petition without delay and release the NEC from a duty of further answering to said petition and allow the NEC to do it work in accordance with law.
Meanwhile, the argument of the case was attended by ANC political leader Alexander Cummings, Chairman Musa Bility and others.