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written evidence in support of the allegations made by the new cocomplainants/ intervenors. For the benefit of this Opinion and to fully dissect
the allegations made in the complaint by the intervenors, we quote the said
complaint as follows, to wit:
“INTERVERNORS' COMPLAINT
INTERVENORS named above most respectfully complain against the
Defendants and sayeth the following, to wit:
1. That Intervenors have filed a Motion to Intervene contempora-neously with
the filing of this Intervenors' Complaint and Intervenors pray the National
Elections Commission (NEC) to take administrative notice thereof.
2. That Intervenors say that the law provides that on timely application a
person may be allowed to intervene in an action or proceeding when the
representation of the applicant's interest by existing parties may be
inadequate and the applicant is or may be bound by a judgment/decision in
the action/proceeding. Civil Procedure Law, Section 5.61(b). 1 he law also
provides that a person may be allowed to intervene in an action or proceeding
when the applicant's claim or defense and the main action/proceeding have a
question of law and fact in common. Civil Procedure Law, Section 5.62(b). On
the basis of these two provisions of law, the Intervenors file the Motion to
Intervene.
3. That Intervenors also say that Joseph Nyumah Boakai and James Emmanuel
Nuquay, Co-Intervenors, were candidates for President and Vice President,
respectively, of Liberia at the October 10, 2017 elections and that they
contested on the ticket of the Unity Party, also a Co-Intervenor. Intervenors
pray the NEC to take administrative notice of this fact.
4. That Intervenors further pray the NEC to take administrative notice of the
fact that on October 23, 2017, Charles Walker Brumskine and Harrison S.
Karnwea, Presidential and Vice Presidential candidates at the October 10,
2017 elections, all Representative Candidates of the Liberty Party and the
Liberty Party itself, 2nd Defendants herein (as Complainants therein), filed
with the NEC, 1st Defendant, a complaint alleging that during the course of
the October 10, 2017 elections and the activities leading thereto the
Constitution and Elections Law were violated and fraudulent acts and gross
irregularities were committed; and for these reasons, 2nd Defendants prayed
that the October 10, 2017 elections be cancelled/annulled and new elections
be held/conducted.
5. That Intervenors pray the NEC to also further take administrative notice
that the Complaint filed by the 2nd Defendants (as Complainants therein)
prayed "... that the results of the October 10, 2017 elections be annulled and
a rerun be ordered, in order to ensure that fair and transparent elections are
held in accordance with the Constitution, Elections and other laws of Liberia,
and that the Board of Commissioner will stay the Second Round/Run-off, as
announced by the National Elections Commission... ".
6. That Intervenors says that they are individually and collectively parties of
interest in the main proceeding but were never named as party
defendants/respondents, no papers were served on them by Complainant or
Defendants in the main proceeding and they were never cited to participate
in the main proceeding. And because Intervenors are parties of interest,