PHOTO: Former VP Joe Bokai calls on his supporters to celebrate
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- As the Supreme Court of Liberia on Friday ruled against barring the former ruling Unity Party (UP) for fielding a candidate in the pending Lofa County By-election, former Vice President Joseph Boakai has described the ruling as a “momentous victory” for all Liberians.
The highest court in the land today, June 3, 2022 said in its ruling that Section 8.5 (2) exit clause in the framework document of the Collaborating Political Parties (CPP) preventing a constituent breakaway party from fielding candidate in any election until 2024 is unconstitutional.
After a legal challenged against UP’s aspirant Galakpai Kortimai being cleared to contest the Lofa County By-election previously slated for May 10 this year, the National Elections Commission (NEC) declined to rule on the issue. He said that such decision is the prerogative of the Supreme Court as it is a constitutional matter and not administrative.
The high court has been hearing an appeal from the fractured Collaborating Political Parties (CPP) against UP being allowed by the National Elections Commission (NEC) to field a candidate in the pending Lofa County By-election.
The appeal hearing took place after the NEC Hearing Officer, Attorney Fomba A. M. Swaray ruled on April 21,2022 main opposition UP of former Vice President Joseph Boakai, who has repeatedly declared that if his party is not allowed to field a candidate in the pending race, there will be “election”. NEC had earlier scheduled the election for May 10, 2022.
The embattled Chairman of the Liberty Party, Musa Bility initiated the legal protest against the UP fielding a candidate in the Lofa By-election.
The Supreme Court’s ruling said when the case was called for hearing, Cllr. J. Johnny Momoh and Cllr, Glorious Musu Scott appeared for the appellants while Cllr. Powo C. Hilton and Aloysius Toe appeared for the appellee.
Cllr. Micheal Wilkins Wrights appeared for the NEC.
The ruling said having carefully reviewed the records, heard arguments and contentions advanced by the counselors representing the parties and considered the laws cited, and relied upon and hereby states:
That it is the law that the power to declare rights, statutes and other legal relations are ascribed to courts of records within their respective jurisdiction and not to an administrative today such as the NEC; therefore, the NEC acted properly when it declined to address the request contained in the appellee’s(complainant) letter of complaint as well as the appellee’s request for advisory opinion.
That the constitution of Liberia is the Supreme and fundamental law of the land and its provisions have binding force and effect on all authorities and person’s throughout the Republic any laws, treaties, statutes, decrees, customs and regulations found to be inconsistent with it, to the extent of the inconsistency be void and of no legal effect and must be declared by the Supreme Court.
That the Supreme Court acknowledges and subscribes to Article 25 of the constitution of Liberia which adheres to the Principle of sanctity of contract however where a contract violates the constitution or any statutory law, such contract has no sanctity to be upheld, protected or enforced.
That the purported section 8.5(2) of the framework document of the CPP which prevents constituent political parties of the CPP that has duly withdrawn from the said CPP fielding candidates in an election violates Article 17 and 79 of the 1986 constitution.
Wherefore and in view of the foregoing, the ruling of the hearing officer which was confirmed by the Board of commissioners of the NEC is hereby reversed.
The purported section 8.5(2) of the CPP framework document being manifestly against the constitution, statutory laws and public policy is hereby declared null and void ab initio.
The appellant(UP) and ALP having duly withdrawn from the CPP are free and liberty to pursue any political interest in their names including the fielding of candidates in the ensuing Lofa County senatorial by election, if they wish to do so.
The clerk of this court is ordered to send a mandate to the NEC informing that body of the decision of this court. It is hereby so ordered.
The Supreme Court’s ruling has been jubilantly received by former VP Joseph Boakai, the Senator Nyonblee Karng-Lawrence faction of the opposition Liberty Party and Benoni Urey’s All Liberian Party who have since broken ranks with the CPP.
In a statement on Friday, Mr. Boakai said: “This is not only a victory for the people of Lofa County, but a momentous victory for the people of Liberia, and signifies renewed hope that Liberia is on its way to experiencing selfless, quality leadership; a leadership that you can trust!”
“As Standard Bearer of the ever-potent Unity Party, I congratulate the legal team headed by former Chief Justice Cllr. Gloria Musu Scott, Chairman Amin Modad and the leadership of the Party, partisans and supporters of the UP, the All Liberian Party of my good friend Benoni Urey, and Liberty Party of our distinguished Senator Nyonblee Karnga-Lawrence for this remarkable success. This victory is the beginning of what will happen in 2023!”
“In the coming days, you will begin to see a mass movement of Liberians, both at home and abroad, subscribing to this vessel of honor, with a strong determination to restore Liberia’s lost image. Get ready, Liberia will rise again!
Former VP Boakai closed his statement by calling on his supporters to celebrate: Let’s celebrate this victory! I am upbeat!”
Meanwhile, Liberia’s Solicitor General Saymah Syrenius Cephus in an exclusive interview after the Supreme Court ruling said, there is no need to continue with the Alternative National Congress forgery and criminal conspiracy case at the magisterial court because the Supreme Court has spoken and Article 2 of the 1986 constitution gave the high court three cardinal responsibilities.
Cllr. Cephus added that the disputed CPP framework document has the words resign and withdraw. And in his mind, they are synonymous in terms of content and context.
“No legal basis under section 8.5(2) to continue the prosecution of the case against Mr. Alexander B. Cummings and others,” he added.