Liberia: Collaborating Political Parties Calls for Int’l Intervention over Justice Youh’s Decision Not to Compel the National Elections Commission to Cleanup Voter Roll

MONROVIA – The Supreme Court, in the view of the Collaborating Political Parties (CPP), lacks courage, “grievously stricken by a lack of independence”, and is overwhelmed by external political considerations and maneuvers. The CPP’s conclusion is based Associate Justice Sie-A-Nyene Youh’s decision to deny them a Writ of Mandamus intended to compel the National Elections Commission (NEC) to clean up the 2017 Voter Roll.   

A writ of mandamus is a court order compelling someone to execute a duty that they are legally obligated to complete. A writ is also used to order a lower court or government agency to complete a duty to uphold the law or to correct an abuse of discretion.

The CPP is a conglomeration of opposition political parties including the Unity Party (UP), All Liberian Party (ALP), Liberty Party (LP) and the Alternative National Congress (ANC).

Speaking to journalists on Wednesday at the headquarters of the CPP, Mr. Alexander Cummings, chairman of the political group, said Associate Justice Youh’s decision has left the CPP “outraged and offended”. He, however, acknowledged the discretion of justices in chamber to accept to hear or decline to hear a writ, but stated that in electoral matters, it is improbable to decline such.

Cummings: “By the brazenness of her decision, Associate Justice Yuoh has issued a warning to the CPP and the opposition community that challenging the integrity of the current electoral process is an exercise in outright futility. This is despite the fact that election remains the most sacred process of our democracy, and is a trigger for conflicts. By her decision, the Associate Justice also leaves the CPP sadly impressed that the Supreme Court, the anchor of our democracy, is wanting in courage, grievously stricken by a lack of independence, and overcome by external political considerations and maneuvers.”

The CPP argued that Associate Justice Youh action is tantamount to shielding the NEC from answering to what is unavoidably at the heart of the credible conduct of the ensuing Mid-term Senatorial Elections.

Cummings emphasized that refusing to compel the NEC to clean up the voter roll is a confirmation that the Supreme Court is no longer neutral and fair in deciding matters of grave concern.

Cummings: “In our Petition praying for the Issuance of a Writ of Mandamus on the NEC, we did not ask the court, nor did we require Associate Justice Yuoh to undertake any exemplary display of courage in the exercise of the authority and functions of her office. Having failed in our repeated attempts to get the NEC to clean up the Voters’ Roll of 2017, and to assure us, by credible evidence, that it has done so; we felt constrained to simply petition the court, through the Office of the Associate Justice, to compel the NEC to clean up the Voters’ Roll of 2017.

“Strangely, this cleanup exercise which we were asking the Supreme Court to compel the NEC to undertake was (i) instructed by the Supreme Court of Liberia on which the Associate Justice was privileged to be seated, on December 7, 2017;  (ii) Recommended by an ECOWAS Technical Support Team deployed to provide “critical assessment of the register of voters”; and (iii) as recently as June 5, was directed by the Joint Resolution of the Legislature with a force of law.”

He said the CPP would not allow the conduct of any fraudulent election that presents high and dangerous risks to Liberia’s peace, security and democracy until the voters roll is cleaned and measures are taken to create a level playing field for free and fair elections.

While the CPP acknowledges the discretion of justices in chambers to accept to hear a petition or to decline to hear it, we also know that in electoral matters, it is improbable to decline such a petition. By the brazenness of her decision, Associate Justice Yuoh has issued a warning to the CPP and the opposition community that challenging the integrity of the current electoral process is an exercise in outright futility. This is despite the fact that election remains the most sacred process of our democracy, and is a trigger for conflicts.

– Alexander B. Cummings, Chairman, Collaborating Political Parties

He called on the international community to intervene in the matter to avoid a disruptive election come December while accusing the Associate Justice of offering a the NEC a protective covering to flout the law with impunity.

The opposition political parties conglomeration’s chairman stated that that all they seek is for the Elections Commission to be responsible in the ordering of its priorities and respect for rule of law so that the ensuing conduct of the Mid-term Senatorial Elections and Referendum would be seen to be free, fair and credible

Mr. Cummings added: “The CPP felt compelled to seek the intervention of the Supreme Court as a matter of legal recourse after it had exhausted every available opportunity to impress upon the NEC the critical and urgent need the electoral body has to undertake in the important duty of cleaning up the Voters’ Roll of 2017. Simply put, the current Voters’ Roll, absent a cleanup, is defective and cannot form a basis for the conduct of credible Mid-Term Senatorial Elections and Referendum.”

Voter Roll Cleanup Ordered in 2017

The CPP’s petition for a Writ of Mandamus brought to the attention of the Court the failure of the NEC to execute a 2017 mandate from the Court urging the electoral body to clean up the 2017 Voter Roll.

The 2017 mandate from the Supreme Court came about when the preparations for the presidential run-off election had to come of a screeching halt just days ahead of its schedule, thereby, causing the run-off to delay for until December. It was originally scheduled for November 7 that dear.

The Supreme Court’s decision came emanated from a complaint filed the late Charles Walker Brumskine who was then the standard bearer of the Liberty Party that finished third place in the first round of the election presidential election.

Arguing his case before the Supreme Court at the time, Cllr. Brumskine cited “gross irregularities” and stated that “This is not about losing or winning, it has to do with putting a system in place.”

Besides several issues raised with the conduct of the first round of that election, Cllr. Brumskine who was backed by second place Unity Party headed by Joseph Boakai (vice president at the time) also complained of multiple registrations and flaws in the voter roll. They called for the cancellation of the election and requested a re-run of the entire process.

The Supreme Court acknowledged the flaws in the voter roll in its opinion in that case, but stated that the evidence was not sufficient to warrant the cancellation of the election results. The Supreme Court, however, in its attempt to avert a reoccurrence of such defects instructed the NEC to conduct a full clean-up of the roll in consultation with and information to the political parties.

The Supreme Court’s opinion stated: “Wherefore and in view of the foregoing, it is the considered opinion of this Court that the ruling of the NEC’s Board of Commissioners declaring a run-off election is hereby affirmed. However, with modification as follows:

1. That the NEC is mandated and ordered to fully comply with the standards of publications of the FFR as in keeping with law as discussed in the Opinion.
2. That the NEC is mandated to conduct a full clean-up of the FRR to have it comply with the provisions of the law.
3. That the FRR be made available in published hard copies to all election magistrates and polling places across the country in accordance with the law prior to any run-off election being conducted.
4. That given the fact that the FRR is the only electoral document that speaks to the eligibility of voters, the NEC is hereby prohibited from permitting anyone whose name is not found on the FRR to vote:
5. The any addendum to the FRR be limited to only those listed in the NEC’s polling and counting manual.

Three year on, with less than two and half months to the December 8 special senatorial elections, the same case befalls the Supreme Court once more – issues bordering on the voter roll remain unsolved.

What’s in the CPP Petition

The CPP in their complaint to the Supreme Court recalled that during the course of the court trial in 2017 where the integrity of the FRR was being challenged, the Chairman of the National Elections Commission at the time, requested the ECOWAS Commission for technical assistance in adherence to ECOWAS Protocol on Good Governance and Democracy of 2001. A team was then deployed with a task to make a critical assessment of the register of voters used in the elections, and advise on possible improvements and any related matter. The findings of the team, the CPP recalled the team’s finding showed that the 2017 voter roll was defective and could not form the basis for free, fair and credible elections.

According to the ECOWAS, the Provisional Registration Roll displayed by the NEC at all the registration centers throughout the country claimed a total of 2,182,956 registered voters.

After the exhibition exercise and before the final roll was published, a total of 170,000 suspected duplicate voters were extracted, 4,567 of which were confirmed to have appeared multiple times and therefore removed from the roll.

However, a total of 2,183,629 voters were published on the Final Voters Roll, the total number of voters on the FRR out to have been 2,012,956 given that 170,000 suspected duplicated names were extracted.

The conclusion, according to the CPP, is compelling that the 170,000 duplicates were never extracted from the voters roll and remain there up to date, thereby, rendering the FRR defective and unfit to lay the basis of election.

The ECOWAS technical team also figured the NEC data base, the total number of registered voters was 2,183,629 and this equals the total registered votes declared by the NEC in the FRR which also equals the total number of forms said to have been returned from the field and handed over the data center for processing. The observation of the NEC data base by team on June 12, 2017 during the exhibition showed that there were 2,045,483. The ECOWAS team’s analysis between that time and the time of the exhibition of the Provisional Register Roll and declaring the FRR, a total of 138,146 records were added to the voter roll.

According to the CPP, there is no evidence up to date that these additional 138,146 voters added to the FRR have been removed from the Voter Roll.

The CPP complained that the instead of cleaning up the Voter Roll as per the mandate of the Supreme Court, the NEC unilaterally elected to carry out a mobile Voter Roll update with focus on Liberians of voting age, those who have relocated their previous voting places to others; those who have lost their voting ID cards and those who did not register during the 2017 registration and to delete the names of those who have passed.

“This Petition to your Honor and the Honorable Supreme Court praying for Orders to compel the NEC to clean-up the Voter Roll is critical to the peace and stability of this country. Cleaning the Voters Roll will clothe the process with credibility, accountability and fairness and is in furtherance of Chapter 1, Article 1 of the 1986 Constitution,” the CPP stated in their petition.

According to the CPP’s petition, it has exhausted all remedies available to them to get the NEC address the shortcomings in the preparation for the elections with no success.

“The NEC has taken a position that it can make any decision, and take any action regarding the elections withy consultation with political parties. This is unjust, cruel and oppressive and has the tendency to undermine the smooth conduct of the midterm elections, potentially incite chaos and violence and drag this country into another round of conflict reminiscent of the civil war days. As it is, only the Supreme Court can calm this stormy situation,” they stated in the petition.