The possibility of the National Election Commission (NEC) to re-run the December 8 Special Senatorial election in Rivercess County, now rests with the decision of Associate Justice Sie-A-Nyene Yuoh, the Justice in Chamber, as to whether or not she will accept the request of the declared winner, Wellington Geevon Smith.
Smith, the former superintendent of the county has asked Justice Youh to issue an Alternative Writ of Prohibition against the NEC not to hear Tequah’s Bill of Exception, where he (Tequah) is requesting the electoral body to re-run the process in the area.
Initially, NEC had declared Smith as the winner of the election in the county over Tequah.
By then, the NEC declared that Smith accumulated 3,284 votes, while Tequah collected 3,168 votes, which result Tequah has challenged, arguing that the commission should conduct a re-count in seven of the 111 polling places in the county.
After the re-count that kept Smith in the lead, Tequah again requested the NEC to have a re-run of the election in the entire county.
But Smith, through his legal team, is seeking the endorsement of Justice Yuoh not to allow the electoral body to accept Tequah’s argument for a re-run of the election in the county.
In his justification, Smith’s lawyer argued that during the re-count exercise conducted for the seven polling places on January 11, 2021, he was declared winner, but Tequah rejected the result from what he demanded earlier.
Smith’s lawyer further argued that since the rendition of the NEC’s ruling on January 11, which Tequah challenged, he (Tequah) has failed to file a Bill of Exception up to and including the filing of his request to Chamber Justice Yuoh.
Smith is arguing that since Tequah has failed to file his exception against the NEC on the January 16 ruling, it means that Tequah was in agreement with the electoral body’s decision.
“Tequah’s voluntary participation in the re-count of seven of the 111 polling places in the county means that he had suffered waiver and lashes by his failure and the NEC should not conduct any hearing of Tequah’s argument,” the lawyers pleaded.