42
This Board, with Chairman Korkoya presiding, on November 4, 2017, heard a
motion by NEC to dismiss Appellants' appeal from the Chief Dispute Hearing
Officer's ruling denying the Unity Party's motion to intervene in the case: Cllr.
Charles Walker Brumskine and Harrison S. Karnwea et al versus NEC. Upon
hearing the said motion, the Board, in a decision which was signed by
Chairman Korkoya, denied the NEC's motion to dismiss the Unity Party's
appeal. Moreover, on November 6, 2017, with Chairman Korkoya again
presiding, the Board -- in a decision which was signed by Chairman Korkoya -reversed the Hearing Officer's ruling in the motion to intervene thus
permitting the Unity Party to intervene in the instant case.
Furthermore, with Chairman Korkoya presiding, this Board has made several
decisions in disputes stemming from the October 10, 2017 representative
elections in favor of the Unity Party. See Bill Twehway vs. Cebee C.D. Barshell,
decided November 2017.
The fact that the Chairman might have "made statements deemed
unfavorable by Appellants is not a legally sufficient ground for recusal.
Moreover, decisions of the Board are reviewable by the Honorable Supreme.
WHEREFORE AND IN VIEW OF THE FOREGOING, because Appellants' Motion
to Recuse has no basis in law, same is hereby DENIED AND IT IS HEREBY SO
ORDERED.
GIVEN UNDER OUR HANDS AND SEAL OF THE NATIONAL ELECTIONS
COMMISSION THIS 23rd DAY OF NOVEMBER, A. D. 2017.
CLLR. JEROME G. KORKOYA
CHAIRMAN
CLLR. SA AH M. JEGEDE TOE
CO-CHAIR
HON. SAMUEL Z. JOE
COMMISSIONER
HON. DAVIDETTA BROWNE LANSANAH
COMMISSIONER
HON. BOAKAl AMADU DUKULY, ESQ:
COMMISSIONER”
From the ruling quoted above, the appellants noted exceptions, but did
not seek at the time the intervention of the Supreme Court, reserving the right
instead to have the matter reviewed upon appeal of the main case. The Board,
having disposed of the motion, proceeded to hear the merits of the appeal
taken to it by the appellants from the ruling of the CDHO.
On the following day, November 24, 2017, the Board proceeded to hand
down its final ruling on the appeal. It is the contention of the appellants that
the Board rejected some of the contentions advanced by the appellants and
omitted addressing others which the Board may not have felt were relevant
to its decision; and thereupon denying the appeal and affirming the ruling of
the CDHO. It is from this ruling of the Board that a further appeal was taken to
this Court for review. In order that the premise is laid for the review requested