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Korkoya will be biased in hearing Appellants' appeal. For the benefit of this
decision, we herein produce Appellants' motion:
[THE BOARD THEN QUOTED VARBATIM THE APPELLANTS’ NINE-COUNT
MOTION TO RECUSE AND THEREAFTER CONTINUED WITH ITS RULING]
Having heard arguments from the parties and considered the matter, we have
concluded that the below listed is the only issue determinative of this appeal:
(1) Assuming that the statements quoted in Appellants' motion are true, do
such statements reveal that Chairman Korkoya will be biased in hearing
Appellants' appeal?
Section 2.10(a) of the New Elections Law provides that the Chairman shall be
the "official head and spokesman of the Commission." Section 2.10(b)
provides that the Chairman shall preside over all meetings and hearings of
elections contests."
We observe that the statements attributed to Chairman Korkoya during the
referenced press briefings were made on November 1, 2017, and that
nowhere in the said statements is there any specific reference to the Liberty
Party and/or the Unity Party. Neither is there any mention that the Chairman
commented on any evidence that Appellants presented to the Hearing Officer.
Moreover, as to the claims regarding the proliferation of ballot papers and the
"Know your Candidates" papers that were posted on social media -- the Board
notes that said claims were also made by Vision for Liberia's Transformation
(Volt) and other political parties not parties in these proceedings.
The Board notes further that some of the issues the Chairman spoke about,
including the issue concerning buried ballot papers in Grand Gedeh, do not
form part of the complaint or any evidence in the Liberty Party's case.
Moreover, at the time the Chairman made said statements, Unity Party was
not a party; to case, having made a party on November 6, 2017. So the
chairman could not have discussed their case or any evidence therein. The
Chairman was only performing his role to the presumed validity of the election
results and refutes the false social media report regarding the presence of
alleged ballot papers in certain part of the country.
As to the statement that the "Commission stands by the election results
published," the Honorable Supreme Court has held that election results are
presumed to be valid until shown otherwise. Kuku Dorbor et al v. National
Elections Commission, Opinion of the Supreme Court of Liberia, 2012.
Therefore, it is the considered opinion of this Board that any statement
emanating from the Commission which tends to support the validity of the
elections until such validity is removed by a preponderance of the evidence
adduced at a competent judicial forum cannot be the basis of a recusal.
The Honorable Supreme Court has held that in the absence of any statute to
the contrary, it is settled that a judge is not disqualified because of unfavorable
comments or an expression of the opinion as to the guilt or innocence of an
accused. The mere opinion by a judge which can be removed by the evidence
is insufficient to disqualify a judge from sitting on a case. For reliance, see: In
Re: Counselor C. Abayomi Cassell, Contempt Proceedings, 1979).
Assuming, arguendo, that the referenced statements were unfavorable to
Appellants, though not directed at their case and/or any evidence therein, we
note that with Chairman Korkoya presiding, Appellants availed themselves
several times before the Board after the alleged statements were made
without ever raising the issue of partiality or bias.