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into place certain safeguards that would ensure that the run-off election was
free, fair, transparent and credible.
Upon the appearance of the Intervenors as parties to the ongoing
electoral challenge proceedings before the CDHO, they filed a motion
containing seven applications for the issuance of writs of subpoenas duces
tecum and subpoenas ad testificandum, stating that the evidence sought by
the applications was crucial to proving the case against the NEC, especially in
respect to the allegations of violations of the Constitution, fraud and
irregularities in the electoral process attributed to the NEC. The CDHO, having
entertained arguments on the motion, granted only two of the applications
made in the motion and denied the remaining five applications. The
intervenors noted exceptions to the decision and appealed the matter to the
Board of Commissioners of the NEC. The Board of Commissioners heard the
matter but was not forthcoming for several days in rendering a decision in
respect of the appeal. Whereupon, the intervenors filed a bill of information
before the full bench of the Supreme Court, alleging that the failure or refusal
of the Board of Commissioners to expeditiously rule on the appeal before it
was not only a violation of the mandate of the Supreme Court handed down
in the case Charles Walker Brumskine et al. v. NEC on November 6, 2017, but
that said failure or refusal by the Board to hand down a ruling on the appeal
was prejudicial to the intervenors since the effect was to have the intervenors
proceed with its case against the NEC without the documents requested by
the intervenors to support the allegations levied against the NEC in their
complaint.
The Supreme Court, upon conducting a hearing into the bill of
information, denied same on grounds that the Supreme Court could not set a
date for the NEC to hand down its ruling on the appeal before it filed by the
informant since the date set by the Constitution for the NEC to dispose of a
case had not yet expired and that in any event the NEC had handed down a
ruling in the appeal before it, thereby rendering the information before the
Supreme Court moot. Whereupon, the intervenors proceeded to have
witnesses, including the Executive Director of the NEC, testify in an attempt to
verify or authenticate the allegations and claims made by the intervenors in