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amount to fraud. Like the issue in Nimba County where the Complainants
alleged that a presiding Officer was found with pre-marked ballots, though it
was not established that the ballots indeed entered the ballot box, the NEC
quarantined and have re-run of the elections in that polling place.
The Hearing Officer have not seen from the records or the evidence presented
by the first Complainant and the Intervenor/Complainants that fraud has
occurred and that because of such fraud a determination of the true will of
the 1.7 million voters who participated in the October 10, 2017 elections is
impossible. The Complainants have the burden of establishing that, because
of the fraud shown by them, the true result of the election was changed. The
mandate of a successful challenge must prove that the irregularities changed
the result of the election or resulted from fraud. Fraud is never presumed but
must be proven by preponderance of evidence which the complainants have
failed to do.
WHEREFORE AND IN VIEW OF ALL I HAVE SAID ABOVE, the National Elections
Commission is mandated to take the necessary steps to correct all what they
alluded to as difficulties and challenges before any future election.
The first Complainant and the Intervenor/Complainants having failed to prove
allegations of irregularities and fraud, that would warrant the re-run of the
October 10, 2017 elections, said complaints are hereby denied and dismissed.
GIVEN UNDER MY HAND THIS 20TH DAY OF NOVEMBER, A. D. 2017
Muana S. Ville (Cllr.)
CHIEF DISPUTE HEARING OFFICER DISPUTE HEARING OFFICE/
NEC”
From the ruling quoted above, the first and second complainants noted
exceptions and announced an appeal to the Board of Commissioners of the
NEC. All of the conditions for the completion of the appeal having been
complied with, including the filing with the Board of bills of exceptions duly
approved by the CDHO, and the Board of Commissioners of the NEC having
thereby acquired jurisdiction of the case, assigned same for hearing on
November 23, 2017. We shall not quote the extensive bill of exceptions filed
against the ruling of the CDHO, but we shall refer to various portions of same
where they bear relevance to particular issues and contentions advanced by
the parties on the appeal taken to this Court and which we feel the need to
address. What is important for these proceedings as it featured prominently
in the bill of exceptions filed against the final ruling of the Board of
Commissioners of the NEC, is that upon the parties appearing for hearing of
the appeal before the Board of Commissioners of the NEC, the Board was
notified that the appellants had jointly filed a motion before the Board for the
recusal of the Chairman of the Board and the NEC. As the said motion to recuse
is addressed in this Opinion, we deem it important that the said motion be