9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – Ordinarily, the filing of the approved bill of exceptions would vest jurisdiction in the Supreme Court to become seized of the appeal and to entertain hearing thereof on the merits. This is what this Court had anticipated in respect of the appeal taken by Respondent/Appellant Amos Sieh Siebo, Jr. from the decision of the Board of Commissioners of the NEC. However, when the case was called for hearing on the merits, the Court was informed by the movant/appellee that on August 21, 2017, it had filed with the Court a motion to dismiss the appeal taken by the appellant for reasons that: firstly, the appellant’s bill of exceptions had been filed without the forty-eight (48) hours statutory time designated by the Elections Law for taking such appeal, and that the failure to comply with the referenced provision of the Elections Law deprived the Supreme Court of the required legal jurisdiction to entertain the appeal; and secondly, that the appellant had failed to meet the recognizance requirement, i.e. a deposit into the account of the NEC of US$2,000.00, which is a precondition for completion of the appeal. The critical nature of the motion to dismiss dictates that we take recourse to quoting verbatim the said motion, which we do herewith as follows: MOVANT NEC’S MOTION TO DISMISS APPEAL Now comes Movant National Elections Commissions (NEC), praying this Honorable Board of Commissioners to dismiss the appeal announced by Respondent Amos S. Siebo for the following legal and factual reasons, to it: 1. That on August 10, 2017, this Honorable Board of Commission in the above captioned case rendered final ruling dismissing and denying the appeal brought by Respondent Amos S. Siebo. Not satisfied with the said ruling of the Board, Respondent announced an appeal to the Honourable Supreme Court. This Board is requested to take notice of the record in this case. 2. That section 5.12, subsection 6 of the New Elections Law (as amended), provides that a “decision of the Commission on an appeal from the decision of the Magistrate or Chief Hearing Officer may be appealed to the Supreme Court within 48 (Forty eight) hours after the posting of the decision.” See also Article 5 subsections 5.4 and 5.5 of the Regulations on judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 19/36