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9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – Representatives or to any other public office. (Emphasis supplied) Section 4: Entitled: Independent Candidate for the House of Representatives; Subsection 4(h) of NEC Regulations and Guidelines Relating to Political Parties and Independent Candidates, published February 13, 2017. Subsection 4(h) “An Independent candidate for the House of Representatives shall be required to establish and maintain at all times a functioning and furnished office in the headquarters of the District concerned.” Article 79(c)(iii) is unambiguous. It clearly states that unless an Independent Aspirant maintains an office in the District he/she seeks to represent, he/she shall not contest election as a representative for that district. Also, Section 4 Subsection 4(h) of NEC’s Regulations and Guidelines Relating to Political Parties and Independent Candidates goes further to say that such office shall be maintained at all times. Appellant Amos S. Sieboe has failed and neglected to maintain an office in District #1, Montserrado County. The Board of Commissioners says that this failure to maintain an office in District #1, Montserrado County alone constitutes sufficient legal ground to reject the application/candidacy of Appellant Amos S. Siebo, Jr., to contest for District #1, Montserrado County. The Commission notes that under Article 2 of the Liberian Constitution, it is stated that the Constitution is the supreme and fundamental law of Liberia and its provision shall have binding force and effect on all authorities and persons throughout the Republic. Appellant Amos S. Siebo’s violation of Article 79(c)(iii) of the Liberian Constitution of 1986 leaves the Commission with no other option but to reject and deny his Application to contest for District #1, Montserrado County in the 2017 General Elections. Therefore, the answer to issue #1 is No. To answer issue #2, we say that the protection of the integrity and credibility of the Commission is paramount and indispensable to conduct a free, fair, transparent and credible judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 11/36

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National Elections Commission v. Siebo

Judgment

Question Presented: Whether the respondent lost his right to appeal the Review Panel rejection of his application when he failed to meet the Election Commission’s deadline.

Alleged Acts: The respondent sought consideration for candidacy, but the Review Panel determined that the respondent lack the necessary headquarters within the district for which he sought to run as a member of the House of Representatives. The Review Panel still recommended the respondent for acceptance and that he be accredited to contest the election. The appeal of the respondent alleges that the Review Panel overlooked the respondent’s residence in the district and that the respondent was not convicted of electoral fraud could should not have disqualified him on public policy grounds.

Summary: The court determined that the respondent failed to meet his appeal requirement as set forth by the Electoral Commission. The court further determined that the respondent failed to present additional information that would exempt him from the filing deadline.

Conclusion: The court dismissed the appeal.

Legal Issue(s)

Candidate Registration
Civil Procedure

Region: Africa

Country: Liberia

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Sep 19, 2017

Geolocation

Latitude: 6.404914557

Longitude: -10.67993335

: Geolocation

Primary Documents

NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –.pdf
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Election Judgments - IFES

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National Elections Commission v. Siebo

Primary Documents

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