9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
Complaints and Appeals as found in NEC’s Compiled
Regulations. (August 22, 2016). See also sections 2.9 (a) of
the New Elections Law of 1986.
3. That notwithstanding the mandatory language of section 5.12,
subsection 6 of the New Elections Law, Respondent has
failed to perfect his appeal in that, he has failed to present a
Bill of Exceptions for the Board of Commissioners’ approval
within 48 hours as mandated by the Election Laws
controlling.
4. That in addition to presenting a Bill of Exceptions for this
Board’s approval within 48 hours of this Board’s final ruling
of August 10, 2017, Respondent/ Appellant Siebo was
required to enter into a recognizance in Liberian dollars to the
value of US$2,000.00 with the National Elections Commission
as a condition precedent for taking an appeal from the Board
of Commissioners to the Honorable Supreme Court. For
reliance, see: Section 6.8(c) of the New Elections Law.
5. That although familiar with the mandatory requirement of
Section
6.8(c)
of
the
New
Elections
Law,
Respondent/Appellant failed to enter into said recognizance
with the National Elections Commission regarding the instant
appeal.
6. That the Honorable Supreme Court has held that entering
“into a recognizance was intended as one of the conditions
preceding the taking of an appeal from the Board of
Commissioners of NEC to the Supreme Court.” And, that “all
parties appealing from decisions of NEC to the Supreme
Court shall enter into recognizance before NEC as a
prerequisite for taking of an appeal to this Court.” For
reliance, see: National Elections Commission, Unity Party and
Bill Twehway versus Kuku Dorbor, David Flomo and Soko
Gbardyu (Motion to Dismiss, pages 13 & 14, decided by the
Honorable Supreme Court on June 26, 2012).
7. That Respondent/appellant’s failure to comply with the
statutory prerequisites for perfection of an appeal from NEC’s
Board of Commissioners makes the instant appeal
dismissible by this Honorable Board. Movant/ Appellee
respectfully requests this Board to take notice of the Clerk
Certificate hereto attached and marked as exhibit M/1 to form
a cogent part of this motion.
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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