Monrovia – On November 7, 2017, the two leading political parties from the October 10 elections in Liberia – Unity Party and the Coalition For Democratic Change will contest in a runoff election, but the possibility of it coming to fruition is at stake.
Report by Lennart Dodoo, [email protected]
Cllr. Charles Walker Brumskine, presidential candidate of the Liberty Party continues to insist that the October 10 elections were marred by gross irregularities and fraud, and is calling for a reelection.
His call for the rerun of the elections, he said, is in line with Article 83(c) of the Liberian Constitution which states: “Any party or candidate who complains about the manner in which the elections were conducted or who challenges the results thereof shall have the right to file a complaint with the Elections Commission. Such complaint must be filed not later than seven days after the announcement of the results of the elections”.
He also referenced Section 6.1 of the Elections Law of Liberia which states that: “Any political party or candidate who has justifiable reasons to believe that the elections were not impartially conducted and not in keeping with the Elections Law, which resulted in his defeat or the defeat of a candidate shall have the right to file a complaint with the Commission; such complaint must be filed not later than 7 days after the announcement of the results of the elections”.
Speaking to reporters at the party’s headquarters, Cllr. Brumskine said, “There have been massive fraud, gross irregularities, violation of the Constitution of Liberia, election laws and other laws of our country. “
“It is such a sad thing for us as Liberians, thousands and thousands of Liberians have been denied their constitutional rights to vote.”
“They went to polling places, only to be told that that’s not where they should vote. They stood on lines for hours, only to realize that there were no queue controllers and that they were on the wrong lines.”
According to the Liberty Party standard bearer, the party has submitted evidence to NEC to back their claim. He said the evidence show that ballot boxes were broken into by NEC presiding officers; and there is also evidence of indicating that NEC presiding officers allowed people to vote after polls were closed and ballot boxes were being sealed.
“We have evidence showing that people were required to vote in boxes other than the sealed ballot boxes.”
“We have evidence of young men carrying ballot boxes on their heads after polling close, unaccompanied by police officers, unaccompanied by NEC officials,” he added.
Cllr. Brumskine noted while he and his vice standard bearer were working hard to ensure they win the election, little did they know that “the election was rigged long before Election Day.”
Good Prevails over Evil
The Liberty Party standard bearer said he could have taken a violent route but decided to pursue redress through the legal means.
“You know this evil going against evil, we end up with 13 years of civil unrest, 250,000 Liberians getting kill, our country being destroy, this time around, good is going up against evil, and I assure you my friend, goof will prevail.”
“I have lost election twice in this country and I walked away but my friends, Liberia is looking up to a transition where our country will move from evil to goodness.
“For those in the CDC and the Unity Party who love this country, I say to you remember no good can come out of evil.
“I made a commitment to my wife, my children and the partisans of Liberty Party that I would pursue this to its logical conclusion.”
“The burden of history will not be left at my feet, all Liberians regardless of where you are must rise if you will take the burden of history as your own, so may it be.”
“When you tell me y’all compete with me in Grand Bassa and someone beats me in Rivercess and y’all tell me say I cannot compete in Montserrado County, my vice standard bearer lost miserably in Nimba County, something is wrong. But we are not going to play their games.”
“Some of them here are young men who are triggered happy in the police, there are others who are blood thirsty, there are some who strive on violence, Liberty Party will not give them a chance.”
“We will put our confidence in the Supreme Court of Liberia, it is clear the elections were rigged, the fraud were massive and Liberians from all walk of life coming to bring the evidence; people who did not vote for me, people who were not members of Liberty Party are coming.”
The Complaint to NEC – Late Opening of Polls
Referencing Articles 77(b) and 80(c) of the Constitution and Section 4.8 the Liberty Party contends that the NEC failed to adhere to the Constitution and in many instances the polls were opened late, and in some cases, as late as 3:00 pm instead of 8:00 am, to the detriment of the registered voters.
According to the Party, the consequence of the late opening of polls by the National Election Commission was that most voters, especially the elderly, disabled, and infirm, after having stood in line for hours, were effectively deprived of their constitutional right to vote, as they were constrained to leave the polling places, believing not only that such polling places would not be opened, or that the location of the polling places had been changed, as was done in other cases, but also that such act by the NEC, may have created or could have created health problems for them.
He further contended that the late opening of some polls, without ensuring they remained opened for at least 10 hours, as required by law, with sufficient lighting and adequate security, deprived voters who were registered at such Polling Places of equal protection under the law, in addition to depriving them of the right to vote and exposing the polling places to the danger of vote fixing.
Change of Polling Stations
Condemning the abrupt changing of some polling places as witnessed in the October 10 elections, the Liberty Party referenced Articles 77(b) and 80(c) of the Constitution, Section 4.2(1) of the enabling Elections Law, as amended, and Article 4.3 of the enabling Regulation on Polling and Counting which provides that a location of a Polling Place may be changed by the NEC, if it determines that same is necessary, but the NEC is required to notify the voters and post signs showing the new location at least a week before polling, emergency excepted.
The complaint: “Complainants aver that on the day of election, with no emergency, voters discovered that some Polling Places were not at the locations that had been previously published by the NEC, thus depriving them of their constitutional right to vote.
One of such examples is the location of a Polling Place in Precinct Center #6171, District# 7, Fuama, Bong County, which was changed, without the required notice, from Korniekawoejai to Camp America, about six-hour walk, resulting in many not voting, thus depriving such voters of the constitutional right to vote.
Complainants request the NEC to take judicial notice of the number of voters at that particular precinct to determine how many persons of that precinct were deprived of the right to vote as well as many others who, not entitled to vote, may have been allowed to vote since at such center the requisite observers could not be present.
Notice is given that Affidavits in support of these assertions, and others, shall be provided during the hearing.”
Omission of Names from VR
In their complaint to the NEC, the party noted that the NEC is both constitutionally and statutorily obliged to maintain an accurate Voters Registration List, at each polling Place, of those registered at such voter registration center, to expedite the voting process, ensuring that votes counted from every polling place are votes of only legitimate voters, and that the results thereof reflect the aspirations of only those who were registered, and who voted at the Polling Place.
They noted that NEC failed to follow due process in making sure that the final registrants roll was to date and accurate which led to many voters arriving at where they registered only to be told that they were not eligible to vote because their names were not on the final registrant roll, thus depriving such voters of their constitutional right to vote.
“For example, Stanley Carter, Liberty Party Representative for District #1, Sinoe County, was told by the Presiding Officer that he could not vote because his name was not on the FRR.”
“It was only after he requested the Presiding Officer to look of the ballot paper, carrying his name and photo, was he allowed to vote. Many voters who were similarly situated and who were disenfranchised because their names were not on the FRR, will never be known under the circumstances,” the complaint noted.
NEC Failure to Use Worksheet
According to the Liberty Party complaint, the NEC presiding officers worksheet was not used by the NEC at the various polling places.
The party contended that among other things, the Presiding Officer’s worksheet would have indicated the starting and ending serial numbers of ballots used at a Polling Place, making it difficult for ballots in the ballot boxes to be replaced while in transit from the Polling Place to the Magistrate.
And the Presiding Officer’s Worksheet would have been signed by Party Agents.
The complaint: “In the absence of serial numbers, there is no way of knowing whether the ballots in the ballot boxes were those that were either cast at a polling place, assigned and delivered to the polling places, or ballots that were surreptitiously stuffed in the ballot boxes after polling had closed.
The above notwithstanding, absence of the Presiding Officer’s Worksheet takes a whole new dimension, knowing that information, such as, “Number of ballot papers that should be in the ballot box,” “Number of the ballot papers taken from the ballot box,” among others, are all said to have been copied from Presiding Officer’s Worksheet, to the Record of Count.
This cast a cloud of doubt over the elections, warranting a rerun of the elections, and the Complainants so pray.”
They also argued that none of the ballot papers used durign the October 10 elections has serial numbers.
“Complainants challenge the NEC to produce the ballots used during the elections that carry serial numbers.
The Complainants submit that the design of the ballots without serial numbers was a calculated means of ensuring massive fraud, as was conducted during the elections.
This alone warrants a rerun of the elections, and the Complainants so pray,” they added.
LP Accounts of Electoral Fraud
According to the Liberty Party, the entire election was characterized by fraud, evident, according them, by analyses of some records of the counts listed in the complaint.
he party provided 10 specific instances of alleged fraud including:
- After voting ended at Precinct #30073, Bardnersville Public School, Polling Place #3, Montserrado County, the ballot box was sealed with the following numbers, (a) Pre–046330 – front (b) Pre–046324 – right, (c) Pre–046335 – left, and party representatives left the polling place. Unfortunately for the Presiding Officer, a poll watcher returned to the Polling Place only to find the Presiding Officer’s hand in the ballot box, having broken the seals. The numbers of the second set of seals that was placed on the ballot box are (a) Pre– 046324, (b) Pre-027338, (c) Pre-027323, and (d) Pre– 046336. Complainants give notice that they will produce an affidavit of the Poll Watcher in support of this averment during the hearing. Complainants say that this incident clearly suggests that in many of the places where pool watchers or observers did not return to the place where the ballot boxes were held, the Presiding Officers could have engaged in such similar conduct and manipulated the votes. Complainants submit that this clearly places the elections in doubt and deprived it of legitimacy, requiring a rerun, and the Complainants so pray.
- An NEC Presiding Officer, Josephus Cooper, of electoral district #3, Nimba County, was arrested with pre-marked ballots in his possession, some of which he had already deposited in the ballot box. Complainants attached hereto a photograph of the Presiding Officer, when he was arrested, marked as Complainants’ Exhibit “E.”
- In Zota, Polling Place #3, Precinct Code #06102, Shankpallai Town, District #4, Bong County, following the close of the polls and counting of ballots, on Wednesday morning, October 11, 2017, it was noticed that the NEC Presiding Officer, Joseph Karlon, was carrying a presidential ballot box on a bike. When confronted and interviewed, the Presiding Officer stated that the ballot box was left behind, and that he had gone alone, unaccompanied by a Police Officer, to pick it up on a bike; use of an NEC vehicle was evidently avoided. A transcript of a voice recording of the Presiding Officer’s interview with a local Journalist, is hereto attached as Complainants Exhibit “F.” If need be, the recording will be played during the hearing, and the local journalist will subpoena as a witness.
- At voting Precinct #30121, Polling Place #3, Paynesville Community School, Montserrado County, the Presiding Officer, Moses Cooper, forwarded report to the Collation Center at SKD Stadium, that the Liberty Party Representative Candidate, Kwisi Johnson, received no vote. When questioned at Collation Center, he stated that the Record of Count from the Polling Place was missing. When the ballots were recounted, the LP candidate in fact had 28 votes, and not zero, as reported by the Presiding Officer. How many of such fraud was committed around the country will never be known under the circumstances. What is important is that it shows a consistent pattern on the part of Presiding Officers at committing fraud in the elections, which could not have been done alone but with the connivance of elections officials. Copies of the self-made record of count of the Presiding Officer, LP’s Complaint, and the Record of Count of October 17, 2017, from the Collation Center are hereto attached in bulk, as Complainant’s Exhibit “G.”
- At the Collation Center, at SKD Stadium, it was also observed that in Precinct #30171, Polling Place 3, District 12, Montserrado County, Liberty Party, Charles W. Brumskine obtained 205 votes. Regrettably, the Presiding Officer elected to cancel same and allotted 26 votes.
- In Margibi County, Dwazon, District #1, Voting Precinct #24105, Polling Place #4, the Presidential Record of the Count shows that there were 2550, as “Total of unused, spoiled and discarded ballot papers,” although there should not have been more than 550 ballots at any Polling Place.
- In Bong County, Tokpaipolu Public School, District #6, Voting Precinct #06113, Polling Place #1, the Presidential Record of the Count shows that there were 1,109 ballots cast in favour of George Weah, Presidential Candidate of the CDC, although there should not have been more than 550 ballots at any Polling Place. Copy of the Record of Count is hereto attached, as Complainants’ Exhibit “J.” Complainants challenge the NEC to produce all of the remaining (unused or otherwise) ballot to determine precisely the total number of ballots that issued by the NEC on Elections Day, how many were released to each voting center, how many were actually used, and how many were returned by each voting center.
Gross Irregularities
The Liberty Party also named 10 instances of irregularities that they claimed marred the elections for which they believe there’s the need for the rerun of the elections.
Some of the instances outlined in the complaint are:
- There was no verification of the number of ballot papers at Polling Places prior to the commencement of voting—the starting and ending serial numbers of ballot papers were never recorded and attested to by party representatives. As a result, many Records of Count show that ballots at Polling Places just do not add up. For instance, the NEC had published that there would not be more than 550 voters at each polling place. Regrettably, however, record of count from some of the Polling Places in and around the country are more than 550.
- Verifying and recording the number of ballot papers at Polling Places prior to the commencement of voting, evidencing the starting and ending serial numbers of ballot papers, attested to by all Party Representatives, are of critical importance. The absence of this has demonstrated a deliberate and calculated conduct on the part of the NEC to compromise the credibility of the entire electoral process, creating the opportunity for fraud. For the electoral process to have been credible, fair, and transparent, and perceived as such, the starting and ending serial numbers of the ballots, used at every Polling Place, should have been recorded and attested to by Party/Candidate Agents prior to the commencement of voting. Pursuant thereto, the NEC prepared and published the “Polling And Counting Manual For Staff, Presidential And Representatives Elections 2017,” which contains the Presiding Officer’s Worksheet. The Presiding Officer’s Worksheet was designed to record the starting and ending serial numbers of the ballots, among other things, with provisions for the signature of Party/Candidate Agents.
- The primary purpose of the verification exercise was not only to ensure accountability of the ballots, but also to expose attempts, calculated as they may be, to engage in vote rigging and vote padding. Failure to use the Presiding Officer’s Worksheet, prevented the process of reconciling the number of ballot papers brought to each center, the numbers of ballot papers cast, (including valid and invalid, replaced, spoiled, unused) at the close of the voting exercise. Regrettably, this very critical requirement that would have ensured accountability and credibility was deliberately disregarded by the NEC. Under these circumstances, it can never be determined, with any legal or rational certainty, the number of ballot papers properly used, probably stuffed, when there is no verifiable reference basis in terms of the number of ballot papers actually introduced by the NEC at each Polling Place. The entire electoral process was therefore compromised, warranting a rerun of the elections, and the Complaints so pray.
- In Margibi County, Precinct #24180, Polling Place #1, Liberty Party Poll Watcher noticed that around 6:30 p.m. after the Presiding Officer had notified them that the Polling Place was closed, and the ballot box had been sealed with seal numbers Pre-056965 and Pre-056961, a group of persons were noticed coming from the rear of the building. Surprisingly, the seals on the closed ballot box were broken, and those individuals were allowed to vote. The Poll Watcher requested for and was given a complaint form and a formal complaint was filed. Attached is a copy of the ruling of the Magistrate, which, among other things, confirmed the irregularity, marked as Complaints’ Exhibit “N.” Again, this shows a consistent pattern rather than just an isolated incident, and point to a conspiracy by the NEC or certain officials of the NEC.
- In Bongaplay, District #4, Nimba County, the NEC had only three polling places, when there should have been four. The voters who were being deprived of their constitutional right to vote, took matters into their own hands, and disrupted the voting.
- In Lofa County, Precinct #21128, a Liberty Party Poll Watcher was tied, beaten, and bruised by a Police Officer Jefferson Togbah on orders of the Presiding Officer, because he had continuously raised issues of counting irregularities–ballots that should have been counted in favor of Liberty Party, Charles W. Brumskine and Harrison Karnwea, was said to have been counted in favor of the Unity Party.
- Two young men, who do not appear to be NEC officials, but in any case, unaccompanied by a Police Officer, are wading in a body of water with sealed ballot boxes on their heads.
- Individuals, whether they are NEC officials or not, in a canoe carrying ballot boxes, are unaccompanied by a Police Officer.
The party therefore called on the NEC to annul the October 10 results and order a rerun to ensure that fair and transparent elections are held in accordance with the Constitution, Elections, and other laws of Liberia.