On Monday, November 6, when the Liberian Supreme Court handed down the stay order on the November 7 runoff election, many Liberians felt Democracy won for the first time in their country.
Even those who first criticized Counselor Brumskine for appealing to the High Court came around when they saw that the fundamental rights and the rule of law were not under attack. As a Liberian and former Chairman of Liberty Party (USA) who was instrumental in leading the Brumskine movement (FOB) into a political party, I am more than proud that my Party (Liberty Party) chose the high ground to deal with volatile issues as electoral irregularities.
When Counselor Brumskine and Mr. Harrison Karnwea appealed to the Supreme Court, they did so believing that pursuing the path through the judicial system was the way to protect the fundamental rights of our people and demonstrate that even in disagreements following the rule of law should be paramount to preserving our Democracy.
It is safe to say that for many Liberians, this is the first time political leaders did not call their supporters into the streets or partisans did not resolve to taking up arms. Unlike 1985 when disagreement over electoral outcome fueled the cannons of the 1990 war or when protests over electoral discrepancies in 2011 led to a loss of a life, the leaders of Liberty Party chose to take a gamble in a system that has never won much praises from many Liberians at home and abroad.
The action of the leaders of Liberty Party reaffirmed that the Party believes in upholding the integrity of Liberia’s judicial system and our democratic ideals. In the same way, the Judiciary demonstrated that it can be independent after all. “The ruling of the Supreme Court of Liberia in the case of the Liberty Party is a landmark decision in the history of our electoral processes because of its implication for the rule of law in our country,” (Dr. Augustine Konneh, Lib. Daily Observer 11/8/17).
Unfortunately, despite the monumental pride the Supreme Court’s action brought about, skeptics like Cllr. Jerome Korkoya the Chairman of the National Elections Commission (NEC) continues to attack those who seek to undo the alleged wrong of the system that Korkoya presides over which is the hallmark to our electoral debacles. In Henry Karmo’s FrontPage Africa Online article “Allegations of Electoral Fraud Politically Motivated (11/8/17)” Cllr. Korkoya was quoted as saying: “… as politically motivated allegations of electoral fraud made by some political parties, noting that NEC is a professional organization that is neutral.”
Barely a day after the Supreme Court’s mandated Cllr Korkoya’s NEC to investigate the claims before the Commission; he would attempt to dismiss Liberty Party’s allegations which have never
been investigated. The Court cautioned against this approach to solving our differences. “It has been defined as: ‘A law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial…8 Cyc., 1081.” 5 LLR 423 (1937); and, quoting from 6 R.C.L., Constitutional Law, 442, he added: “[ l ]t is a rule as old as the law that no one shall be personally bound until he has had his day in court, by which is meant, until he has been duly cited to appear, and has been afforded an opportunity to be heard. Judgment without such citation and opportunity wants all the attributes of “a judicial determination; it is judicial usurpation and oppression and can never be upheld where justice is fairly administered,” (Chief Justice Korkpor, 2017).
Despite this excellent advice, Korkoya simply considered Liberty Party’s allegations as “politically motivated.” In other words, he has blindly gone to the court of public opinion to make the charge that the complaints before NEC are politically motivated and failed to heed the Supreme Court’s edicts: “Given the critical nature of the complaint, subject of these prohibition proceedings and its implication on the governance of the nation, the NEC is directed to give urgent attention to the expeditious hearing and determination thereof. It is so ordered” (Chief Justice Korkpor, 2017).
It will be naïve to think that Liberty Party is politically motivated rather than looking at the Party’s past. In 2005, Counselor Brumskine did not make waves even though there was overwhelming feelings within the Party that the election was “free but not fair.” The Counselor called on all Liberty Partisans to participate in the runoff and support either of the two candidates (Mrs. Sirleaf and Mr. Weah).
In fact after the 2011 election when the Counselor did not do well, he publicly removed himself from the Liberian political scene until he was called upon by his many supporters in recent years to come and serve the Liberian people. Maybe Cllr. Korkoya does not know him but I do. I believe in what he told the Supreme Court few days ago. “This is not about losing or winning,” Brumskine told the court. “It has to do with putting a system in place.”
Liberia’s political history from Tubman to now has only given our people lip service when it comes to making sure the electoral process is free and fair. As an adult I have not voted in my country’s election, but when I was a school child I was paraded to the voting booth in the 60s to vote for Tubman-Tolbert ticket. In the 1970s when all eyes were on President Tolbert to transparently pick his Vice President after the death of a sitting Vice President, he circumvented the process and pinned it on God for his choice for successor.
President Doe was accused of stealing the 1985 elections and some of the stakeholders brought havoc on our people in their quest for power. Many of the actors in the instances described did not see the law as an expeditious pathway to getting their aims accomplished. On the contrary, Counselor Brumskine took the high road as he has always admonished that the rule of law is one of the bedrock of the Liberty Party.
Maybe it will help to examine Counselor Brumskine’s assertion that “It is about putting a system in place.” As an ordinary Liberian who yearns for our Democracy to flourish, when the Counselor asserts that his actions are consistent with putting a system in place, he simply means seeking a “redress and getting a redress under the law in a court of competent jurisdiction.” This is only achieved when given due process, as affirmed by the Supreme Court in its November 6th ruling.
“And whenever this Court has felt that the guaranteed due process right has not been accorded or that a person has been aggrieved by a failure to allow the enjoyment of that right, it has not hesitated in declaring that the principle must be mandatorily adhered to, and that where it is not adhered to, the action taken is unconstitutional and hence null and void,” (Justice Korkpor, 2017). The Court also made it clear that under the laws of our land and in order to uphold the integrity of our pillars of Democracy, we cannot afford to let those who have grievances go unheard.
“WHEREFORE AND IN VIEW of all we have said, the alternative writ of prohibition ordered issued by the Justice in Chambers is upheld and sustained, and the peremptory writ of prohibition requested by the petitioners is hereby granted. The NEC is estopped and prohibited from conducting a run-off election until the complaint filed by the petitioners is investigated by the NEC and, if need be, the appropriate appeal process to the Supreme Court of Liberia is availed of and the matter is decided by the Supreme Court,” (Justice Korkpor, 2017). Not keeping with the Court, you (Korkoya) have prejudiced the case without according any due process. I hope that I am wrong.
Secondly, Cllr. Korkoya also stated that NEC is “a professional organization that is neutral.” His pronouncement appears that NEC’s neutrality can’t and should not be questioned. Given the nonneutral role that some NEC staffers may have played in Nimba, a secret meeting with President Sireleaf (Liberian Observer, 9/21/2017) and now a person from the President’s office may have contributed to the cloud that hangs over the 2017 election which are under investigation, it is inconceivable that NEC is as neutral as Korkoya thinks. In fact Korkoya acknowledged that a meeting took place between NEC officials and the President at her residence.
“The Commission represented by me and some of my colleagues took the 19 NEC magistrates to the president’s home so she could reemphasize her call on us to manage the affairs of the elections with transparency, accountability, and fairness,” he said (Liberian Observer, 9/21/2017). Korkoya made it sound like he would not have done the work for which Liberian tax payers are funding him unless he was pushed by the President.
One can only wonder that if Chairman Korkoya and President Sirleaf were really concerned about ensuring that the elections were free and fair, why have they or either of them not order an administrative investigation to determine how did official election materials, for making voter registration cards, get in the hands of Amos Siebo, a staff in President Sirleaf’s office. How many of such voter registration forms found their way from the NEC into the possession of unauthorized individuals, such as Mr. Siebo. We have learned that the NEC imported more than 4 million voter registration forms, but only 2.1 million voters were registered. What happened to the other 2 million forms? The rest could not have been given to Mr. Siebo alone.
While Korkoya was trying to vindicate himself from poor judgments he has shown in these leading matters which have brought the reputation of such an important institution under scrutiny, National Elections Commission’s (NEC) Hearing Officer, Cllr. Muana Ville’s role in another Liberty Party hearing clearly suggesting that some NEC polling staffers are under investigation also brings NEC’s credibility into question. “Cllr. Ville in his ruling said, with exception to these documents—
report on police investigation of a polling staff in Nimba County allegedly caught in electoral fraud and report on the investigation involving a staff from the office of the President who was alleged to have being in possession of voting cards and printing materials and all polling records—as requested by the UP and LP legal team, other records requested have been granted (FrontPage Africa Online 11/17).
Being neutral is defined as “not helping or supporting either side in a conflict, disagreement, etc.; impartial.” This is only true when an entity claiming neutral status has demonstrated it can actually live by the qualities that define it as being neutral in any given situation. In the case of NEC, the qualities of neutrality have not been iron clad. The three presidential elections in the post war era thus far have all been marred by allegations of irregularities and electoral frauds.
In a BBC article “Liberia election: CDC Monrovia protest turns deadly,” the reporter indicated “Mr. Tubman and the CDC say there was widespread vote-rigging – charges denied by the election commission and Mrs. Sirleaf’s supporters” (REPORT). After the 2011 election which led to a loss of life one would think we will not be crying foul-play in this election, but we are right where we were six years ago. That’s because Cllr. Korkoya may have missed the mark in putting in place adequate mechanisms to prevent the mistakes of the past.
One could argue that, since Jerome Korkoya is never up for re-election, it is hard for him to relate to the enormous efforts that all those who participate in these electoral exercises must exert to ensure the integrity of their supporters’ votes. “If he only knew,” someone once said. I was in Liberia during the recent election and saw the sad state of our electoral process under the guardianship of Counselor Korkoya.
I saw people who stood in lines for many hours turned away under the guise “their names were missing from the voters’ roll.” Problems like being left out of voter’s role, inability to convey ballot boxes to remote locations, and even the perception of election flaw in this round of contest speaks to NEC‘s weaknesses of doing the same thing over and over yet hoping to be perceived as neutral. That’s insanity! It is a common saying that doing the same thing will always yield the same result and nothing less.
As a professional person, when your institution has failed to live up to its calling not once, but as “a matter of business as usual,” then it is time you “throw in the towel” and resign. You either be a man of principles by admitting that you cannot steer the “election governing ship” or get on board with a paradigm shift.
The Liberian people will be thankful for your contribution and usher in a new face. History will add credits to your account as it has always done for all Liberian leaders, good or bad.
James W. Kaye – Executive Member of Liberty Party (USA); Former Chairman Liberty Party (USA) and FOB; former President Liberian Association of Northern California, and Former Chairman All Liberian Conference of North America