9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
election. When you take away these values from an Election
Management Body, the consequence will be chaos.
Furthermore, Public Policy requires that in the administration of
all laws, the public interest should be guided and protected. The
Board of Commissioners agrees with the Nomination Committee
and Counsels for Appellee that, to allow Appellant Amos S.
Siebo to contest for District #1, Montserrado County
Representative seat will undermine the core values of the
Commission, namely: integrity, credibility, transparency and
fairness. We further believe that to allow Mr. Siebo to contest
will also expose the Commission to public ridicule and play into
hands of the Commission’s detractors.
We also construe Chapter 2 Section 9; Subsection (a) of the New
Elections Law of 1986 which empowers the Commission to
administer and enforce all laws relative to the conduct of
elections throughout the Republic of Liberia to include the
administration and enforcement of Article 79(c)(iii) of the
Constitution, Section 4; Subsection 4(h) of the NEC’s
Regulations and Guidelines Relating to Political Parties and
Independent Candidates, as well as Section 2.9(a) of the New
Elections Law of 1986 taking judicial notice of the Honorable
Supreme Court’s definition of Public Policy in the case: Lib.
Realty Management Corp. v Montgomery [1985] which states that
Public Policy is defined as the principle of law which declares
that no person can lawfully do that which had the tendency to be
injurious to the public or against the public good, and which may
be designated as the policy of the law or policy in relation to the
administration of the law.
Because the facts in this case are similar to those in a scenario
which occurred in 2005, we hereby take quasi-judicial notice of
Historical Facts (For Reliance, see Chapter 25, Section 2; page
196 of the Civil Procedure Law). During the conduct of the 2005
General Elections, a scenario took place in Gbarpolu County
wherein one of the aspirants connived with a poll worker and
they fraudulently increased the valid votes cast in favor of the
said aspirant which made it to appear like the unscrupulous
aspirant obtained the highest number of valid votes cast in the
Senatorial race. However, the fraud was brought to the attention
of the Commission.
Upon said notice, the Commission
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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