‘NEC Commited Reversible Errors’

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Cllr. Brumskine at the Supreme Court

LP, UP complaint to Supreme Court alleges

A complaint filed by both Liberty Party (LP) and Unity Party (UP) to the Supreme Court has accused the National Elections Commission (NEC) of committing several reversible errors that demand a rerun of the October 10 presidential and legislative elections.

UP and LP’s complaint was filed just four days following the NEC Board of Commission’s upholding its Hearing Officer’s judgment which denied the claim by the two parties that the October 10 elections were marred with gross irregularities and fraud.

The Supreme Court has seven days as of Monday, November 27, the date LP and UP filed their complaint, to hear and decide the matter.

Outlining the NEC’s reversible errors, the parties alleged that allowing Cllr. Jerome Korkoya, chair of the commission whom they have requested to be recused from hearing the matter, to hear the case makes the judgment unconstitutional.

“Chairman Korkoya made public utterances which we believe pre-judged our evidence and important issues in the case, even while the matter was being tried before the NEC’s Hearing Officers, knowing that Korkoya would preside over the review of the matter, since we appealed against it,” the lawsuit alleged.

The document said, “The refusal of the NEC to have their chairman recuse himself deprives us of our rights to a free and fair hearing.”

LP and UP also explained that in Margibi County Precinct#24180 in Polling Place #1, LP poll workers noticed that around 6:30 pm, after polling had closed, and the ballot box was sealed, a group of persons came from the rear of the building and surprisingly the seal on the closed ballot box was broken by the Presiding Officer and those individuals were allowed to vote.

They also alleged that in Bongaplay District#4 Nimba County, the NEC had only three polling places when there should have been four, and there the voters who were being deprived of their constitutional rights to vote took the matter into their own hands and disrupted the voting, thereby making it difficult for others to cast their ballots.

Also in Lofa County Precinct#21128, an LP poll worker was  tied, beaten and bruised by a police officer identified as Jefferson Togbah upon the orders of the Presiding Officer, because he had continuously raised issues of counting irregularities, the two Parties alleged.

“Two men who do not appear to be NEC officials, and were unaccompanied by police officer(s),  were photographed wading in a body of water with sealed ballot boxes on their heads. Also, individuals whether they were NEC officials or not, in a canoe carrying ballots boxes were unaccompanied by police officers,” the record claimed.

Despite these alleged fraud and irregularities, the lawsuit said the Board of Commissioners dismissed their case, although the specific allegations of violation of the Constitution and the Election Laws, the massive fraud, and gross irregularities were all proved.

“The October 10 presidential and legislative elections did not pass the minimum standards required for free, fair and transparent elections given the plethora of evidence in support of our claim that the elections were characterized by gross irregularities and fraud, which undermined the integrity of the elections and deprived thousands of Liberians of their constitutional right to vote,” the LP and UP said.

They added, “The violation of the Constitution and Election laws and the pervasiveness of fraud and gross irregularities throughout the electoral process warrant a rerun of the elections.”

Up to the publication of this story, the NEC’s response was not in the possession of this newspaper.

Author

  • Anthony Kokoi is a young Liberian sports writer who has an ever-growing passion for the development of the game of football (soccer) and other sports. For the past few years, he has been passionately engaged in reporting the developments of the game in the country. He is an associate member of the Sports Writers Association of Liberia (SWAL). He is a promoter of young talents. He also writes match reports and makes an analysis of Liberian Football.

6 COMMENTS

  1. Sir/Madam:
    The case is now before the Supreme Court of Liberia. What response do you want from NEC? Let us wait for the decision of the Honorable Supreme Court.

  2. Brumskine, do you believe you Brumskine, Varney Sherman, and your NEWLY FOUND obsequious Joseph Boakai can reverse the democratic choice of the Liberian people for your selfish and diabolical interest? You guys are day-dreaming.

    The very fact that executive stalwarts in cluding a founding member and former chairman of your party are resigning from your party at this time, while executive committee members of Unity Party are criticizing Varney Sherman, Joseph Boakai, and Wilmont Paye, for unilaterally joining your Brumskine lawsuit for a re-run are indications that you have a selfish and a foolish case.

  3. I give my thoughts on the legal quagmire currently going on concerning the elections in Liberia and hope to assist in guiding the discussion going on in the media, as I’ve been reading, toward a more civil tone. Though not abreast of the details of the events surrounding the election, I believe my thoughts should be well considered. Facts: An election was held timely under the constitutional guidelines and the results triggered a runoff between the two first place candidates. The other parties want a rerun, basically invalidating the election, because they alleged fraud, some were denied the abilities to vote due to logistical deficiencies in the system and many other, as I have so far obtained from following the various news reports and comments.
    Resolution: I believe the Court will first determined if there are evidence (not hearsay, assumptions or perceptions) to support the claims that thousands were denied their right to vote. Second, that the complaint to the NEC and the decision of the NEC denied consideration of those evidences. If not, the court will review the evidence of fraud, determine if the number of people who were unable to vote, materially changed the outcome of the election, that the result would have been different had those people voted. The evidence must show they would have voted for the petitioning parties. Thirdly, if proven so, does the constitution allow for the rescinding of a presidential election for these evidences (if proven) and also does the constitution grant the court the authority to rescind and election for President because of such acts. If not, the court can not rule as such. Individuals involved in the fraudulent acts that denied thousands their votes can be persecuted for their crimes.

    If none of the facts above are proven materially, the court can hold that while deficiencies existed in the system of a nation not yet advanced in the technology needed to minimize fraud, the process mandated by the constitution for electing president took place and produced the outcome as it would had all the system functioned accurately.

    The court can rule without setting this holding as a precedent, but allow the run off to proceed as required by the constitution, declaring that the constitutional mandates would be fulfilled.

  4. Yeah right, “NEC committed reversible errors in its ruling against him, so LP leader Brumskine is asking the Supreme Court to reverse them.

    Unbelievably, he is the same politician who on the campaign trail promised social security benefits to the elderly, without telling them where funding for that pie in the sky would come from. After such boldfaced public fibbing, why does Brumskine pretend surprised that most voters rejected him?
    For heaven’s sake, Counselor, stop wasting the time of our vast majority Country – Congua poor. The next government needs time to find new sources of revenues and foreign assistance in order to hit the road running.

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