Monrovia – FrontPage Africa has reliably learnt that the full bench of the Supreme Court has placed a prohibition on the enforcement of the Code of Conduct by the National Elections Commission.
Section 5.1 of the law requires that presidential appointees, including superintendents, assistant and deputy ministers wishing to contest the election must resign two years prior to the elections.
Section 5.2 requires that presidential appointees, including Governors and boards chairmen wishing to contest the elections must also resign their respective positions three years prior to the elections or be barred by the National Election Commission (NEC).
A source from the high court who confirmed the decision of the court on the basis of anonymity told the paper Wednesday that the decision of the Supreme Court to place a prohibition against the National Election Commission (NEC) on the code of conduct was prompted by a writ of prohibition filed before it by a rejected representative aspirant, Abu Kamara.
“The prohibition, not stay order, issued by the Supreme Court is intended for the high court to hear the current writ of prohibition filed before it,” our source hinted.
Abu Kamara a former Assistant Minister of Land and Rails at the Ministry of Transport currently Assistant Minister of Postal Affairs for Administration expressed his interest to contest the representative seat of Montserrado County District#15 but was barred by the National Election Commission based on the code of conduct.
Not satisfied with the decision of NEC, Kamara filed a petition to the Supreme Court, praying it to issue a writ of prohibition against the NEC’s decision against him because it violated his rights.
Mr. Kamara continued that like every member of the Executive and the citizenry falls within the protective enclave of Article 20 (a) of the Constitution which mandates that no person should be deprived of life, liberty, security of the person, property privilege or any other right except as an outcome of a hearing consistent with the provision laid down in the Constitution and in accordance with the due process of law.
The barred Montserrado County District #15 Representative aspirant stated in his petition that after meeting all of the requirements laid down by NEC for a representative aspirant, NEC, without any legal basis and support for due process, denied him on grounds that he was barred from contesting based on the code of conduct for public officials.
“Wherefore and in view of the foregoing petitioner prays your honors to rule that the act on the part of the respondent (NEC) as complain herein is in violation of the Constitution of the Republic of Liberia,” said lawyers representing the legal interest of petitioner Kamara.
However, the Supreme Court has informed the parties to appear before the full bench of the Supreme Court on Monday, July 10, 2017 at 9 a.m.
“You are hereby commanded to notify the National Elections Commission (NEC) represented by Chairman Jerome Korkoya and all officers of NEC, respondents in the entitled case: Abu Kamara petition for the writ of prohibition to appear before the full bench of the Supreme Court on Monday, July 10, 2017 at the hour of 9:am.