By Our Staff Writer
The National Elections Commission (NEC) has declined to clear the aspirant put forward by the former ruling Unity Party (UP) to contest the scheduled May 10, 2022 Lofa County By-election, until otherwise determined by the Supreme Court of Liberia, which interprets constitutional matters.
This is contained in the ruling by NEC’s Hearing Officer announced in Monrovia on Thursday, in the face of provision in the CPP Framework Document that prohibits the party, which is a constituent CPP member from fielding candidate in any election until six months after the 2023 election.
Opposition Liberty Party’s Chairman Musa Bility filed a complaint to NEC, challenging the fielding of candidate in the upcoming Lofa By-election, citing violation of the CPP Framework Document. UP has nominated former Lofa Superintendent, Galakpai W. Kortimai, but his nomination has been put on hold after NEC released the names of five aspirants on its provisional list.
In a notation at the bottom of the NEC list, the national electoral body said: “Note: Mr. Galakpai W. Kortimai of the Unity Party (UP) is still before the Nomination Committee’s Scrutiny Panel. Hence, the list of Aspirants/Candidates for the said By-Election may increase or decrease as a result of the scrutiny; and/or the outcome of any investigation or hearing.”
CPP is a four-party collaboration, which was formed few years ago by the main opposition Unity Party of former Vice President Joseph Boakai, Liberty Party, All Liberian Party and the Alternative National Congress.
Section 8.5 of the CPP Framework Document says: “Constituent Party desiring to withdraw from the CPP shall first exhaust the dispute resolution mechanism stipulated in the framework document. If the Constituent Party which has satisfied the dispute resolution mechanism is not satisfied with the outcome, it shall file a resolution to withdraw from the CPP signed and duly executed by two-thirds (2/3) of the membership of the National Executive Committee, it is being understood, however, that a party withdrawing from the alliance prior to the next presidential, legislative and local elections shall not field candidates in its name.”
Hearing Officer, Atty. Fomba Swaray said the NEC Hearing Office cannot take decisions on the constitutionality of the matter, as being raised by defendant and complainant lawyers on fielding of candidates.
He said that the Hearing Officer is prohibited from taking any further action on an endorsement from or other documents brought forth by defendants regarding the fielding of a candidate by Unity Party in May 10 by-election in Lofa County until otherwise determined.
“Wherefore and in view of the foregoing, and so as to allow the opportunity for the Honorable Supreme court to possibly considered the constitutional questions raised in this matter,” the NEC Hearing Officer said.
Days before this latest decision, NEC’s Board of Commissioners denied lawyers representing the legal interest of the Unity Party (UP) and the All Liberian Party (ALP) request for judicial review. This was based on grounds that the matter before them was way above their jurisdiction.
According to Atty. Swaray, it is only the Supreme Court clothed with such authority to do so.
In December last year, Benoni Urey’s ALP National Executive Committee announced the party’s withdrawal from the CPP, accusing the ANC leader and former CPP Chairman, Alexander Cummings of altering the Framework Document which brought together the four parties. The ALP’s withdrawal was shortly followed by the pulling out of the Unity Party.
Meanwhile, leaders of the Unity Party say they will pursue all legal means to ensure that their candidate is on the ballot in the upcoming Lofa By-election.