Monrovia – Mr. Charles Walker Brumskine, the standard bearer of the opposition Liberty Party has taken exception to a decision by the National Elections Commission to reject his running mate, Mr. Harrison Karnwea from contesting the upcoming presidential elections.
In a statement Saturday, Cllr. Brumskine explained that Mr. Karnwea, on Friday afternoon, July 7, 2017, received a call from the National Elections Commission, requesting him to take delivery of a letter addressed to him.”
The Liberty Party leader said he and his aides already knew the content of the letter, because social media was filled with reports that Mr. Karnwea had been rejected, only moments after they both left the filing center at the SKD Sports complex in Paynesville.
“We were informed that the news was circulated on social media that Liberty Party’s Vice Standard Bearer had been rejected by the NEC. Upon inquiry, we were told that the person who broadcasted the decision of the NEC on social media is a Unity Party operative.
So, others were obviously informed of the NEC’s decision to reject Mr. Karnwea before he and/or the Liberty Party.”
Cllr. Brumskine said although the NEC’s decision to reject his running mate was disclosed to another person or persons on Thursday, July 6, 2017 (if not earlier), the “Notice of Rejection of Nomination Application,” from the NEC was signed by the Chairman of the NEC, Jerome Korkoya, and dated July 7, 2017, a day after the NEC had informed others of its decision.
“The Notice of Rejection indicated that the, “Candidate [Harrison S. Karnwea] is barred from contesting by the Code of Conduct for Public Officials.”
Cllr. Brumskine added: “It is worth noting that the NEC’s Notice of Rejection of Nomination Application lists thirteen other “Deficiencies in Nomination Application,” as grounds for which a candidate may be rejected by the NEC.
The listed Deficiencies in Nomination Application include “Candidate does not meet the constitutional age requirement,” “No proof of aspirant’s residency requirement,” No proof of aspirant’s citizenship requirement,” “Aspirant has not met the Domicile Requirement,” among others.”
The LP leader said of the fourteen possible Deficiencies in the Nomination Application of which the NEC has said that it could reject a nomination application, the Code of Conduct (Section 12.3 of the Amendment) expressly requires that the NEC investigates any alleged violation of the Code. Such an investigation may be based on a complaint filed by a third party or a determination made by the NEC on its own initiative.
Notwithstanding, Cllr. Brumskine added: “The Commissioners of the NEC proceeded to reject the Nomination Application of the Vice Standard Bearer of Liberty Party without holding the investigation, as required by law.”
“When use in a statute or other laws, “investigate” means “To follow up step by step by patient inquiry or observation. To trace or track; to search into; to examine and inquire into with care and accuracy; to find out by careful inquisition; examination, the taking of evidence, a legal inquiry.”
But the Commissioners were obviously so eager to reject the Vice Standard Bearer of Liberty Party, that the Commission, which consists of several lawyers, either failed to read the provision of the statute requiring it to investigate before rendering a decision to reject my running mate, or their action was deliberate.
Under our law, Cllr. Brumskine said, an investigation requires, whether the accuser is both the accuser and judge or not, that the accused is allowed his day in court—due process of law—be allowed to face his accuser(s), produce witnesses, and to be represented by counsel. One of the many reasons for allowing an accused his day in court is that there just might be an exculpatory reason justifying or at least explaining the action of the accused.
He further noted that the Code of Conduct is unambiguous—public officials who desire to run for elected offices should resign at least two years prior to the date of such elections.
“The Commissioners did not hold an investigation because they are quite aware of the exculpatory reasons why the prohibition of the Code does not apply to Mr. Karnwea.
Could Harrison Karnwea have desired to be my running mate two years ago?
Unless Harrison is a clairvoyant, which I know he is not, he could not have known that I would have asked him to be my running mate two years ago; because even I did not know who my running mate would have been.
Two years ago, the only thing I knew was that I was running to be President of our country, and that I would have to brace myself for another onslaught from the ruling Unity Party and agencies of the government, like the NEC.”
The LP leader asked: “Should Harrison be held to the statutory requirement of resigning two years ago? Of course not!
There was no reason for Harrison to resign at the time, because two years ago he did not desire to run for any elective public position.”
Cllr. Brumskine said he is convinced that the election commissioners had determined that they would not allow Mr. Karnwea to be heard.
“The minds of the Commissioners were made up—they had decided to reject Mr. Karnwea even before we filed our papers.
The Commissioners, like most other Liberians, are aware that the Brumskine/Karnwea ticket is a formidable ticket, so the Commissioners are doing what they believe they must do to have the candidate of their choice elected and prevent the people of Liberia from benefiting from the vision, plans of action, and political resolve of Liberty Party to improve the lives of every Liberian, including those Commissioners.
But they are dead wrong! With God above and the support of the Liberian people, not even the NEC can stop the fulfillment of the dream of the suffering masses of our country.”
Cllr. Brumskine said because it is neither legally feasible nor practicable to replace the Commissioners of the NEC prior to the October 10 General and Presidential elections, he is making a plea to President Ellen Johnson-Sirleaf to have the necessary mechanisms put in place to ensure that the elections are free and fair.
“Madam President, I have no doubt that you are aware that your legacy hinges upon free and fair elections on October 10, as you transition into retirement.
To Liberia’s development partners and friends of the international community, your voices should be heard now in evaluating the process that leads to election, and not only on Election Day.”
Cllr. Brumskine then accused the commissioners of being a partisan. “As has been demonstrated by the Commissioners of the National Elections Commission, they are either grossly incompetent or partisan.
Whichever they are, the portent is not good for our country. All must, therefore, join hands to ensure that in spite of the Commissioners of the National Elections Commission, Liberia will have a free, fair, and peaceful election; and our country will prosper.”