9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – was vague, ambiguous and politically motivated. We quote counts 1, 4, 7, 15 & 18 of the respondent/appellant’s bill of exceptions as we believe those counts reflect opportunities lost in the appeal process: 1. That the National Elections Commission committed a reversible and prejudicial error when NEC ruled that from the scrutiny of the Appellant’s application, the Committee “observed that the aspirant did not have an office in District #1 where he was contesting as Independent candidate”, because the statement is false and misleading. That is, the Appellant does not only have an office within the subject District #1, but his office is known to everyone within the location of the office. Appellant says when this question was raised by NEC, he displayed photos and video clips, showing his office and rallies ongoing at the office. Applicant also invited NEC to visit has office during the hearing. Even though he requested this, NEC failed and neglected to do so, rather NEC followed the misleading information from its Nomination Committee, which merely asserted that he did have an office, amounting to mere assertion. “Mere assertion does not constitute proof, but must be supported by evidence so as to warrant a court or jury accepting it as true.” This NEC failed to do or to visit his office as per his prayer. It is the law in this jurisdiction that “he who alleges the existence of fact must prove them and must do so by the best available evidence.” Chapter 25, Sections 5 and Chapter 25, section 6 of the Civil Procedure Law of Liberia. NEC did not provide any exhibit or record to support their allegations. For these reasons, Appellant tenders this bill of exceptions for your NEC’s approval. 2. That, NEC erred and committed reversible error on the second reason to reject Appellant’s application; that is, based on the rejection on NEC’s core values of integrity, credibility, transparency and fairness, because these words were not included as part of the requirements for candidates’ nomination, and Appellant did not know if these new rules applied equally to all applicants. Inclusion of new standards or requirements, at the time he has already satisfied the published requirements of Article 79 (c) of the Constitution of Liberia and the Guidelines and Regulations relating to judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 15/36