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9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – finding it hard and challenging to comprehend why NEC has introduced a new and strange requirement, and citied administrative outcome decisions, to justify the rejection of appellant. In this jurisdiction, the decisions of lower courts or administrative hearings are not considered to be laws or precedence; instead, decisions of the Supreme Court, being the final forum of justice, are binding and mandatory to follow. And for this reason, appellant tenders this bill of exceptions. 4. That, NEC erred and acted prejudicially, even though NEC did not conduct any investigation of the February 2017 allegations on Fraudulent Registration when it was reported by the Liberia National Police, NEC rejected the Appellant based on the LNP allegations, which is not conclusive and described same as Public Policy, which is arbitrary and unlawful, because rejection of a would-be aspirant nomination is not one of the penalties or punishments provided under the 1986 Elections Laws, as amended. The New Election Law provides that any offense in relations of registration cards, when proven, the violator/convict shall be guilty and punishable by a fine or sixty (60) days imprisonment or both: Chapter 10.2 & 10.2(2), The New Elections Laws, as amended, (1986): 10.2 (1): Offences in Relation to Fraudulent Registration: (a) Making a false statement to an Elections Officer at any point during the voter registration process; (b) Impersonating another person when applying to register to vote; (c) Registering or attempting to register to vote more than once in relation to an election; (d) Any other fraudulent act relating to voter registration. Chapter 10.2 (2). Offenses in Relation to Registration Cards Any guilty of (60) days person who does any of the following acts shall be an election offense and punishable by a fine or sixty imprisonment or both: [Amended in 2004] (a) Printing or distributing any registration card; judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 17/36

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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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