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stipulated in the Elections Law. As the records before us show that that first step
was undertaken by Charles Walker Brumskine and Harrison S. Karnwea who were
part of the first complainants, and was done within the time period stipulated by
law, they therefore qualified to move to the next step, not in concert with the other
first complainants who had decided to abandon their appeal, but in their own right
and for the protection of their own interest, allowed under bot the Constitution
and statutory laws of this nation.
As such, the only obligation they had was to enter into a recognizance with
the NEC as to them and to them only. The recognizance required of them, in such
case, under Section 6.8(a) of the Elections Law, was only five thousand United
States dollars (US$5,000.00) or its Liberian equivalent. The records show that that
amount was deposited into the account of the NEC. The NEC does not dispute that
fact; it only argues that the amount should have also included the required
payment for the candidates seeking election to the House of Representatives on
the ticket of the Liberty---an issues which we have already addressed. We hold,
therefore, that as the recognizance entered into between the first appellants
herein, Charles Walker Brumskine and Harrison S. Karnwea and the NEC, was
adequate and sufficient, and in full compliance with the law, the appeal taken by
them to the Supreme Court was not just rendered thereby cognizable before the
Supreme Court but vested in the Court the full legal jurisdiction to hear and dispose
of the appeal. Accordingly, this Court denies the motion to dismiss the appeal filed
by the appellee, rejects all of the claims made therein, and sustains the resistance
filed thereto.
This brings us to the second issue presented by the parties, whether the
Chairman of the NEC should have recused himself from sitting on the hearing of the
appeal take to the Board of Commissioners, over which he presides as Chairman.
Our answer to this issue is yes. We hold the strong and considered view, from our
review of the statements made by the Chairman in press conferences held by him,
that he could not play the role of an impartial arbiter in respect of the appeal taken
to the Board of Commissioners from the ruling of the Chief Dispute Hearing Officer.
We note that following those statements, which neither the NEC nor the Board of
Commissioners of the NEC has denied, the first and second appellants filed before
the Board of Commissioners a motion praying that the Chairman recuses himself