MONROVIA — The Supreme Court of Liberia has, with immediate effect, ordered the National Elections Commission (NEC) to conduct a recount in several election dispute cases adjudicated on Wednesday, January 17, 2024.
By Victoria G. Wesseh
Key among those cases, the High Court mandated recount includes Madam Ruth Sawmadal, Coalition for Democratic Change Representative Candidate, District #2, Rivercess County, Vs. Mr. Steve Tequiah, Independent Candidate declared winner, District #2, Rivercess County; and Juah S. Dennis, Representative candidate District #5 of Grand Bassa County, and Mr. Thomas Goswell, declared winner CPP, District #5 of Grand Bassa County.
The Supreme Court, in its Wednesday judgment, mandated the National Elections Commission to conduct the recounts of the disputed elections of the parties involved within seven (7) working days.
The High Court maintained that, having thoroughly reviewed the facts and evidence and analyzed the laws relevant to the issues raised by the parties, it hereby looked at the overriding objective of the Elections Law, which is to secure a transparent and accurate determination of the results of an election that reflects the will of the electorates. The appellant substantially alleged and established that some valid votes were declared invalid, and that the representative record of the counts were withheld in two centers, coupled with the alarming number of declared invalid votes in many polling places in District #2, Rivercess County. A recount in the eleven (11) centers alleged in the appellant’s complaint, which were testified to and testimonies corroborated, is imperative.
“Wherefore and in view of the foregoing, the appellant’s appeal is hereby granted, and the ruling of the Board of Commissioners (BOC) affirming the ruling of the Hearing Officer of the National Elections Commission (NEC) is reversed,” stated the Supreme Court.
“The National Elections Commission (NEC) is hereby ordered to conduct, within seven (7) days as of the reading of the Mandate of this Court, a recount in the eleven (11) centers, including the two (2) centers where the Representative Record of the Counts were withheld.”
Meanwhile, the Supreme Court has denied an appeal by Hon. Mary M. Karwor, CDC Representative candidate District #2, Grand Bassa County, after she lost the election to Mr. Clarence Tenpenneh, Independent Candidate.
The Supreme Court said Madam Karwor’s allegation does not constitute proof, and unless said allegation is supported by evidence, they shall remain mere allegations because it is evidence alone that enables the court, tribunal, or administrative forum to pronounce with certainty the matter in dispute. In the instant case, the records having established that the appellant failed to provide sufficient evidence to support her allegation of election irregularities, fraud, and tampering with election materials, her request for a re-count and re-run, respectively, in polling places specified in her complaint cannot be sustained.
It is the law that “for an election to be declared void on account of an elections offense, the offense must be committed by the candidate or by a third party who has the consent and knowledge of the candidate to commit such an offense.” In the instant case, the appellant failed to establish that the individual in whose vehicle purported ballot boxes were placed was connected to the 2nd appellee, or that the 2nd appellee had knowledge of the alleged acts or that he authorized said acts.
“WHEREFORE AND IN VIEW OF THE FOREGOING, the ruling of the Board of the Commissioners (BOC) of the National Elections Commission (NEC) is affirmed; however, for the reasons stated in the Opinion. The National Elections Commission is ordered to proceed with the certification of Mr. J. Clarence T. Banks as the winner of the Representative seat for District #2, Grand Bassa County.”
“The Clerk of this Court is ordered to send a mandate to the National Elections Commission to resume jurisdiction over this case and give effect to this judgment,” the Court ordered.