MONROVIA Liberia’s Supreme Court has initiated a probe into allegations that the National Election Commission (NEC) has qualified an American citizen identified as Thomas N. Tweah Jr. to contest as a representative candidate in electoral district 11 of Montserrado County. The High Court is also investigating a complaint that Mr. Tweah does not reside in the district where he intends to contest, and thus should not have been cleared by the NEC.
By Victoria G. Wesseh
Presenting the complaint on Tuesday, August 22, 2023, before the full bench of the Supreme Court, Cllr. Henry Barcon submitted a photocopy of the American passport of the candidate, his American driver’s license, and brought witnesses to testify and validate his claim to the electoral body. Among the witnesses were the candidate’s brother and mother, both of whom were crucial to the case as they are biological family members of the accused. In fact, his mother resides in the United States with him and was the one who provided the evidence (passport and driver’s license).
Addressing the second issue, Cllr. Barcon argued that Mr. Tweah does not reside in the district where he intends to contest, citing Article 30 of the 1986 Constitution, which requires an individual to have spent at least one year within the constituency before being qualified to contest. He claimed that the 2020 electoral map clearly shows that Louisianan is outside of district 11, and Mr. Tweah does not reside in the area. Therefore, Cllr. Barcon asserted that the NEC should have denied Mr. Tweah the right to contest.
During the ongoing hearing, NEC’s hearing officer called the director of Geo Information Services, who testified that Louisianan, where candidate Tweah lives, is not in district 11.
Cllr. Lafayette Gould, who is also contesting in district 11, supported the claim, stating that district 11 consists of four townships: Dexville, Barndnesville, Caldwell, and Gardnesville. He argued that there is no Louisianan in the district and presented witnesses, including the District Development Council chair, who confirmed the absence of a community named Louisianan within the district. Cllr. Gould concluded that Mr. Tweah is an American citizen who has not renounced his citizenship and is not a domicile of the district, thus urging the court to reverse the NEC’s decision and deny Mr. Tweah the opportunity to contest.
Cllr. Johnny Momoh, a respected Supreme Court lawyer representing Mr. Tweah, struggled to address the two issues concerning his client. He mentioned that during the first day of the hearing, his client informed the NEC that he is not an American citizen, even though he resides and works in the United States. While Momoh was on the stand defending his client, Chief Justice Sie-A-Nyeneh Yuoh openly remarked, “Cllr., it seems you’re finding it challenging to defend your client today,” prompting laughter from the entire court.
Chief Justice Yuoh, holding the 2020 Electoral Map prepared by the NEC, pointed out that Louisianan is outside District 11, clearly visible on the map. When Cllr. Momoh was questioned by the High Court’s jurists about his client residing outside the district in Louisianan, which is in district number one (1), he admitted that his client lived in Louisianan.
Speaking on behalf of the National Election Commission, Cllr. M. Wilking Wright mentioned that the electoral body ruled against the complainant because the American passport presented, depicting Mr. Tweah’s American citizenship, was a photocopy and not the original.
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