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nevertheless that we emphasize, as we have done before, that hearings before the
NEC are not and should not be governed by the technical rules of evidence which
obtain in a formal court setting.
1st appellants fifth witness, Paul Wehyee, testified to the existence of excess
number of ballots above the threshold of 550 in [a polling place in] Nimba County
and the arrest of a presiding officer with pre-marked ballot part. He testified as
follows:
A. On October 10 our people turnout to vote and we voted, we
were told by NEC at the tally center that we needed people to
observe the tally and we deployed two (2) persons at the tally
center, we had upper Nimba and Lower Nimba tally centers.
We got report from the tally centers that showed variance in
the results, some of the areas specifically three of those areas
they had excess of ballot papers that was issued according to
the tally sheets. One had more than 550 and the difference of
178 and the other one 294 and another one was 176 and we
had over 14 of these across Nimba County ranging from
District 1 to Distract # 8.
Q, Mr. Witness, beside what you stated [is] there another
observation or report that you received from the field?
A, In Nimba the was fraud in Dulla, where a PO was arrested with
ballot papers that was investigated and turnout to the police and
in Dulla there was another instant that they did not had voting
the reason been the ballot box carried there was less than the
places but it was later on ratified and there was a re-run there.
Q, Mr. Witness, please identify some of the discrepancies that
you reference in your testimony?
A, the number of votes Paduo Public School, precinct 33102, you have
more ballots than the number of people registered.
Q. how many?
A. here you have 409 and 431 voted is the same thing with polling
place #4, we have 794 voters at this polling place we have only
297 registered voters, Toden Public School, we have 211 persons
that registered here to vote and then we have 844 ballot papers
that were issued.
Like the other witnesses, this 5th witness testified to specific incidents of
irregularities in Nimba County; he mentioned the excess of votes about the
threshold of 550; the arrest of a presiding officer with pre-marked ballot papers
and the shortage of ballot boxes in a particular polling place. However, as with the
testimonies of some of the other witnesses, this witness testimony is lacking with