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electoral irregularities, all levied against the NEC, were being investigated, the
NEC proceeded with arrangements for the holding of the announced
November 7, 2017 run-off election between the CDC and UP presidential and
vice presidential candidates. This prompted the 1st appellants to file a petition
for a writ of prohibition before the Justice in Chambers of the Supreme Court.
The alternative writ having been issued, the case was referred to the full bench
for hearing, given the constitutional issues presented in the petition and the
fact that it concerned an election matter, considered to be of urgency. A
hearing was expeditiously had before the Supreme Court and an Opinion
delivered granting the peremptory writ directing that the November 7, 2017
run-off not be proceeded with until the NEC had disposed of the complaint
before it, and as necessary, any appeal to the Supreme Court had also been
determined. However, as neither the petition nor decision of the Supreme
Court affected the proceedings being conducted before the CDHO, the
investigations already commenced by the CDHO were continued.
At the mentioned investigation before the CDHO, the complainants
produced a total of twelve (12) witnesses, all of whom testified to various
aspects of the allegations levied in the complaint. However, upon the
complainants resting evidence but before the defendant, NEC, was
opportuned to commence the production of its evidence, the presidential and
vice presidential candidates of the Unity Party, Joseph N. Boakai and
Emmanuel Nuquay, respectively, as well as the Unity Party, filed a motion to
intervene in the proceedings, simultaneously with a complaint, also against
the NEC. Whereupon, the CDHO suspended further proceeding with the
investigation until the motion to intervene had been disposed of.
On October 31, 2017, following resistance filed by the NEC to the
motion to intervene and the entertaining of arguments by the parties before
the CDHO, the CDHO ruled denying the motion. On appeal to the Board of
Commissioners of the NEC, the Board reversed the ruling of the CDHO and
allowed the intervention sought by the intervenors, co-appellants herein. The
granting of the motion by the NEC Board of Commissioners thereby allowed
the complaint filed by the intervenors to become a part of the ongoing
proceedings and rendered the intervenors positioned to present oral and