9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
(b) Altering any registration card;
(c) Using or attempting to use at any election, a registration
card
issued to another voter.
18. That,
setting standards, which is/are unique to the appellant
is prohibited as ex-post facto law of the Liberia Constitution,
they are emphasized by ECOWAS as unjust. Section 2, Article
3 of ECOWAS Protocol on Political Participation, (2001),
specifically states that “[n]o substantial modification shall be
made to the electoral laws in the last six (6) months before
the elections, except with the consent of most Political
actors.” This rule is breached when NEC unilaterally
established a rule to reject the Appellant based on police
allegations or because of allegations before a court, wherein
there has been no arraignment of the Appellant to plead
guilty or not guilty. In addition, the police allegations are
politically motivated owing to the strength and popularity of
the Appellant. Assuming without admitting that the
allegations have any basis in facts and law, why is it the
Police or the state unable to prosecute the Appellant? The
answer is simple, there is no truth to the allegations and this
supports the Appellant claims of politically motivated
allegations against him. Hence, the rejection of the appellant
does not have any basis in law and facts, but rather
demonstrates speculations and political considerations,
which violates the goals of public policy. The goal of public
policy is to further public interest, which is the highest
standards of government actions, the measure of the greatest
wisdom or morality in government. There is always an
equitable balance between public policy and the interest of
the individual, this is guaranteed by the Constitution, which
holds that everyone accused is innocent until proven guilty
by a court of competent jurisdiction. This balance of public
policy to individual interest is cardinal principal to our
jurisprudence, which cannot be set aside based on public
perception, as articulated by NEC to reject appellant. And for
this, appellant tenders this bill of exceptions for your
approval.”
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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