FLASHBACK: CPP leaders Boakai, Urey and Cummings before the Collaboration fractured
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- Uncertainty still hangs over the Unity Party (UP) aspirant, Galapai W. Kortimai as the Supreme Court hears 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 is taking 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.
NEC ruled that the CPP framework document says no constituent party can field a candidate in its name until six months after the 2023 elections and that it is only the Supreme Court that can interpret and make a ruling on the status of a UP nominee in the pending By-election.
In a none hour-long heated argument between lawyers representing the CPP and UP, former Liberian Chief Justice, Cllr. Gloria Musu Scott told members of the Supreme Court that the NEC hearing officer Swaray ignored all their evidence presented during the hearing at the NEC.
During the argument at the high court on Thursday May 5,2022, Cllr. Scott said that they told the NEC hearing officer that the CPP framework document is currently in court, which was recently, subpoenaed by state prosecutors but the hearing officer went ahead to ruled against them.
Justice Scott noted that the hearing officer doesn’t have prohibiting power neither he has jurisdiction over the subject matter.
She argued that the hearing officer decision was in-inclusive and there is nothing concrete before the justices to decide on.
Former Justice Scott prayed the high court to reverse the ruling of the hearing officer and dismiss and deny and throw it through the window of the Supreme Court because it has no magnitude.
For Cllr. J. Johnny Momo, one of the legal counsels for the Unity Party, he told court that during the hearing at the NEC, he informed the hearing officer Fomba Swaray that he cannot render an advisory opinion, because the case was above his jurisdiction but to his surprise, hearing disrespected the facts and circumstances involved with the case.
According to Cllr. Momo, the ANC and Liberty Party during the hearing at the NEC paraded two witnesses and those witnesses testified that they were not part neither they participated in the signing ceremony of the CPP framework document.
He added that majority of the UP executive members signed a resolution to withdraw from the CPP because they didn’t sign the CPP framework document filed at the NEC, because it contained fraud.
Cllr. Momo said section 8.5 subsection 5 as relies on lawyers representing Musa Bility and his Liberty Party didn’t talk about any exit clause in the CPP framework document.
However, he an issue whether or not NEC can declare rights? To that question he aid absolutely no the NEC can declare rights but the Sixth Judicial Circuit Court in is clause with the authority to do so.
At the end of his argument, Cllr. Momo blamed lawyers who were hired to provide an advisory opinion on the CPP framework document fingering after an investigation was done.
But one of the lawyers representing Musa Bility’s Liberty Party and Alexander Cummings of the ANC, Cllr. Hilton Powel said that their complaint filed at the NEC was based on manner in which the Unity Party and the All Liberian Party withdrew for the collaboration.
He said that when Unity Party withdrew from the collaboration, the framework document was never declared unfit.
Cllr. Powel raised an issue in the question, whether or not the NEC commits reversible errors by upholding NEC Board of commissioners?
To answer this question, he said the NEC didn’t commit any reversible errors rather the NEC did rule according to the CPP framework document presented.
According to him, he is not against the Unity Party and the All Liberian Party leaving the collaboration but didn’t follow the procedure of withdrawal.
But Supreme Court Justice Sie-A-Nyene G. Yuoh questioned lawyers on both sides as to what carried them to the Supreme Court and what brought their foot into their entire CPP and what is the constitutionality of this framework document wahala. Or ‘what fish they have to fry’in the CPP framework document?
Both lawyers referred to the NEC ruling April 21,2022, where the hearing referred them to the Supreme Court to make final determination on the legal issues raised during hearing at the NEC.
Cllr. Powel prayed court to dismiss and deny the Unity party and All Liberian party (appellant) appeal and confirm and affirm the NEC ruling and grant unto appellee all other reliefs that maybe just and legal.
For his part, Cllr. Micheal Wilkins Wrights who represented the NEC prayed court to affirm and confirm the hearing officer ruling and NEC Broad of commissioners.
Meanwhile, the Supreme Court of Liberia has reserved ruling ruling into the matter pending notice of assignment.