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Supreme Court decided, and the Board considered, that the Chairman’s statement
on the validity of the elections was appropriate until such validity is removed by a
preponderance of evidence before a competent judicial forum, and therefore same
cannot be the basis for recusal. The Board referenced a Supreme Court Opinion
where it said the Court held that a judge is not disqualified because of unfavourable
comments or an expression of opinion as to the guilt of a defendant, and hence
same cannot be the basis for recusal of the judge. Moreover, the Board ruled that
the appellants who were now questioning the impartiality of the Chairman had
previously availed themselves of several matters in which the Chairman had
presided and in which the Board had ruled in favor of the appellants, including
allowing the second appellants to intervene in the case filed by the first appellants,
in which the Chairman had affixed his signature to the rulings.
Let us state very clearly, in respect to the rationale provided by the Board for
its denial of the motion for refusal of the Chairman of the Board that the fact that
he did not make specific mention of the Liberty Party or of the Unity Party or of any
specific reference to the case can be no justification for the statements made by
him when conclusions can be drawn that he indeed has reference to the allegations
set forth by the parties to or in the case. When the Chairman of the Board of
Commissioners and of the Commission, before whom an appeal from any adverse
ruling of a subordinate officer is to be taken, decides that he can make comments
characterizing the allegations made by parties in respect of the conduct of the
elections as “lies” and “politically motivated” even as the complaint relating to the
said allegations is being heard by a subordinate officer, the statements cannot find
justification in our jurisprudence, and certainly not under the umbrella that the
statements were made by him were in the performance of his role as head of the
Commission.
There is certainly a point where the Chairman has to dissect and dissociate
the two major roles he is charged with playing as Chairman of the NEC. In the one
role, he is the ultimate administrative head of the Commission. In the other role,
he is the head of the Legal Appeal Body [the Board of Commissioners] to whom all
appeals from the decisions made on electoral challenges by subordinate persons
of the Commission are taken. Indeed, the NEC structure is almost unique to the
jurisprudence of this nation, for not only is the Chairman of the NEC but he is also