As it stands, Nimba County District#4 is unlikely to have representation at the National Legislature, because of another complaint that has been filed by lawyers representing defeated incumbent lawmaker Garrison Yealue, this time against the National Elections Commission’s (NEC) handling of the Supreme Court’s mandate.
Yealue’s second complaint that is before the Supreme Court, came immediately yesterday, after the NEC implemented the court’s mandate that demanded re-examination of the Kpaglay polling place#1, Precinct#33105, in Beo-Bargaplay District, Nimba County, and subsequently declared Gonpue Kargon again as the winner of the district seat.
With the filing of the second complaint, Kargon will not take his seat, unless the Supreme Court can again decide its merit or demerit.
In his complaint, Yealue’s lawyer, Cllr. Jallah Barbu, argued that the court ordered that the NEC’s re-examination should cover the raw data from the disputed Kpaglay polling place#1, Precinct #33105, in Beo-Bargaplay District.
Contrary to the court’s order, Yealue claimed that the NEC restricted the process to only the ballot papers, which they believed undermined the mandate of the court; as such the court should nullify the electoral body’s announcement of Kargon’s declaration as winner of the district’s seat.
Cllr. Barbu also argued that he informed the parties that its re-examination of the raw data would be conducted by two of its staffers, the training director and the chief of operations.
Instead of the named individuals monitoring the process, Yealue claimed that the NEC decided to use its deputy training director and its field coordinator, which undermined the mandate of the court as well.
The Supreme Court on February 19 of this year, mandated that the NEC should conduct a new-examination of its original raw data sheet from the Kpaglay polling place#1, Precinct#33105, in Beo-Bargaplay District, which was duly executed and signed by the parties or their representation, during the October 10, 2017 legislative election.
The court’s mandate also directed that a comparison be made with the computer printout to determine whether error was made in the transfer process.
“This re-examination exercise be carried out in the presence of and with the participation of the contesting parties with the NEC ensuring that the contesting parties are dully notified and present during the exercise,” the court mandated.
Yealue’s first complaint alleged that NEC assigned magistrate in Kpaglay polling place#1, Precinct#33105, in Beo-Bargaplay District, Nimba County, acted illegally in re-examining the tally sheet and changing the result in favor of Kargon in the absent of Yealue’s representation.
By then, they claimed that the voting had already ended when the magistrate changed the result at that polling place.