On Holding Of Voter Registration Without Redrawing Constituencies
PHOTO: (L-R) CPP leader Alexander Cummings and the Judiciary HQ
TEMPLE OF JUSTIC, Monrovia- The Supreme Court of Liberia trashed a petition filed by the Collaborating Political Parties in which they demanded “the unconstitutionality” of the NEC to demarcate constituencies after the conduct of the National population census, as Garmah Never Lomo reports.
Reading the opinion on behalf of the Supreme Court on Wednesday, April 12, 2023, Chief Justice Yuoh said, it is a precedent in this jurisdiction that in an “in re” proceeding, an adverse party is not formally designated or named, and if this is done, as in the instant case, same constitutes harmless error.
Article 30 of the Liberian constitution says: “The Legislature shall cause a census of the Republic to be undertaken every ten years.” But the last census in Liberia was held in 2008. And many expected the recently conducted census to provide additional constituencies ahead of the October 10 presidential and legislative elections.
CPP, which is headed by the leader of the opposition ANC party, Alexander Cummings, filed a petition to the Supreme Court based on “the unconstitutionality” of the respondent NEC who is currently conducting Voter registration without demarcating various electoral constituencies after the conduct of the controversial census.
That in our jurisdiction, where a case does not commence at the National Elections Commission and the party adversely affected by a decision therefrom appeals to the Supreme Court, said case does not constitute an election matter within the contemplation of the constitutional mandate that the Supreme Court hears and makes a determination on an election matter within seven (7) days.
Hence, the mere fact that political parties, an alliance, a candidate or the NEC are mentioned or challenged in a case does not ipso Jacto make same an election matter;
That the Constitution must be interpreted in light of the entire document rather than a sequestered pronouncement, that every provision is of equal importance and even where there is apparent discrepancy between different provisions, the Supreme Court should harmonize them if possible. n the instant case, Article 80(de) are linked and inter-dependent on the other, and EPUE
That while the NEC has a duty under Article 80(e) to reapportion constituencies, the said duty is not self-executing; the duty to reapportion constituencies can only be executed based upon the preconditions that a National Census Report be concluded and submitted to the Legislature; that the Legislature creates the threshold; and then the NEC performs its duty to reapportion the constituencies pursuant to Article 80(e).
Wherefore AND IN VIEW OF THE FOREGOING, the “in re” proceeding 1sssed and we find no reason to disturb the ongoing voters’ registration exercise Since the NEC is not in violation of the Constitution as regards Article 80(d)(e).
The Clerk of tnis Court is ordered to inform the parties accordingly. Costs are disallowed. AND IT IS
HEREBY SO ORDERED.