Monrovia – The Supreme Court of Liberia, during its special session dedicated to election matters, has cleared Senator Milton Teahjay of Sinoe County and former Minister of State, Hon. Nathaniel F. McGill, to run as senators in Sinoe and Margibi Counties, respectively, in the upcoming 2023 general and Presidential elections. This decision comes after some voters in Sinoe and Margibi Counties objected to the nomination of these individuals as senatorial candidates.
By Victoria G. Wesseh
The voters initially filed objections with the National Election Commission (NEC) and subsequently appealed to the Supreme Court. They argued that Senator Teahjay was not qualified to contest the senatorial seat in Sinoe due to his prior conviction for multiple crimes in 2018. Similarly, some voters in Margibi County raised concerns about McGill’s eligibility, asserting that he does not reside in the county for which he seeks to contest the senatorial seat.
However, the Supreme Court, in delivering its verdict on both matters on Thursday, January 31, 2023, stated that the voters lacked the capacity or standing to file objections against Teahjay and McGill.
The Supreme Court clarified that NEC’s regulations and laws related to challenging candidate nominations only pertain to candidates, political parties, and alliances, and do not include individual voters. In their judgment, the jurists of the High Court explained, “Having carefully reviewed the records, heard the arguments and contentions advanced by the counsels representing the parties, and considered the laws cited and relied upon by the parties in this case, it is hereby determined that the National Elections Commission’s Nomination and Registration Procedures specify those qualified to challenge nominees whose names appear on the provisional list for the 2023 General and Presidential Elections, which are: a candidate, participating political party, coalition, or alliance.”
The Court further maintained that voters, such as the appellants, are not included in the list of those with the legal capacity and standing to file objections to the nomination of the appellees. The Court also addressed the appellants’ assertion that the NEC Nomination and Registration Procedures conflicted with Section 5.9 of the Elections Law.
In accordance with the court’s decision, the law regarding standing dictates that when the issue of standing is raised before a court or administrative function, the issue of standing must be addressed before the main case proceeds.
In a related development, the Supreme Court denied Thomas Nimene Tweh, also known as “Country man,” the right to contest as a representative candidate for District 11, Montserrado County.
Chief Justice Sie-A-Nyene G. Yuoh, speaking on behalf of the court, explained that their decision was based on a thorough examination of the facts in the records, consideration of the arguments presented by the parties, and an assessment of the relevant evidence and laws.
Chief Justice Yuoh emphasized that the NEC is authorized by law to investigate candidates and scrutinize documents submitted by candidates seeking to run in elections. Such an investigation into whether a candidate has renounced their foreign nationality, she clarified, is not equivalent to usurping the functions of the Justice Ministry under section 21.50 of the Aliens and Nationality Law.
The Chief Justice concluded by stating that, based on the findings from the Geo-Information Service (GIS) of the NEC, Dr. Tweh is not domiciled in electoral district 11, rendering him ineligible to contest in that district.
In light of these considerations, the ruling of the Board of Commission of the NEC, which confirmed the decision of the hearing officers, has been reversed.