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do, however, was to show that the evidence permeated the entire spectrum of the
elections and that this had the effect of substantially diluting the electoral votes of
the appellants that absent such violations and irregularities, the appellants would
have been placed differently than as results of the NEC placed them. We have not
seen from the records that the appellants were able to demonstrate that there was
a conspiracy by the National Elections Commission, as an Institution, or that the
NEC sanctioned the conduct of those persons who were alleged to have committed
elections violations.
We do not believe that the evidence reached that threshold. As important as
the evidence was, the fraud and irregularities complained of and shown by the
testimonies of the witnesses were limited to the generality of the elections rather
than indications of widespread intentional gross conspiracy conduct by the NEC as
an Institution. Nor did the evidence point to a single candidate benefiting from the
irregularities or fraud, or that the irregularities and fraud were orchestrated for the
sole purpose of a particular candidate. Besides the few cases which were testified
to and which directly affected the Liberty Party, all of the incidents shown went to
the general conduct of the election.
This then leave us with the final issue, which is that even in the face of this
Court’s opinion that there was not sufficient evidence presented to establish that
the fraud and irregularities complained of and substantiated prevailed throughout
all or most of the polling places, that the NEC committed and indulged in such
violations of the Constitution, the Elections Law and the Regulations and Guidelines
promulgated by the NEC for governing the conduct of public elections that as a
matter of law the October 10, 2017 elections should be cancelled and a rerun. The
primary contention of the appellants in regard to the said issue focuses on the
failure of the NEC to publish as prescribed by the various laws the FRR.
Let us therefore review some of the challenges advanced by the appellants.
In their accusations against the NEC, the second appellants accused the NEC of
violating Section 3.6. of the Elections Law, which speaks to the Final Registration
Roll (FRR), requires that “the general voters registration roll for each registration
center shall be opened for public inspection at the office of the Magistrate of
Elections and copy without a fee on any day in a week during the hours the office
is opened. A copy of each roll may be kept at such other places as the Commission