9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
respondent/appellant’s appeal. We quote herewith the relevant
portions of the Board’s ruling as follows, to wit:
“Having heard the oral arguments of Counsels for both sides,
reviewed the Ruling of the Nomination Committee, as well as
Appellant’s Bill of Exception, two (2) issues are determinative of
this Appeal:
1. Whether
or not where an Aspirant for the House of
Representatives does not maintain an office in the District
he/she seeks to represent, as mandatorily required by the
Constitution, such person should be allowed to contest to
represent that District?
2. Whether or not where an Aspirant is charged with committing
fraud which is an electoral offense as in the instant case,
such Aspirant should be allowed to contest an election for
the House of Representatives?
DISCUSSION:
1. To
answer issue #1 if whether or not where an Aspirant for
the House of Representatives does not maintain an office in
the District he/she seeks to represent, as mandatorily
required by the Constitution, such person should be allowed
to contest to represent that District, we will first take recourse
to the relevant laws controlling, Article 79 of the 1986 Liberian
Constitution states:
Article 79 (c)
No association, by whatever name called shall function as a
political party, nor shall any citizen be an independent candidate
for election to public office, unless:
1. The
headquarters of the association or independent
candidate and his organization is situated:
2. In the capital of the Republic where an association is involved
or where an independent candidate seeks election to the
office of President or Vice President.
3. In the headquarters of the county where an independent
candidate seeks election as a Senator; and
In the electoral center in the constituency where the
candidate seeks elections as a member of the House of
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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