9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
case it must first assure itself that it is jurisdictionally clothed
with the authority to hear and determine the appeal on the
merits, but also that its action and consideration of the merits of
the case and judgment entered therefrom are sanctioned by law;
for if the law does not sanction such action or confer such
jurisdiction, the rendition of a judgment in the case would be a
usurpation of power and would make the judgment itself coram
non judice and ipso facto void. Ministry of Labor et al., v. Natt,
Supreme Court Opinion, October Term, 2007; Scanship v. Flomo,
41 LLR 181, 188 (2002); Ministry of Lands Mines and Energy v.
Liberty Gold, Supreme Court Opinion, march Term, 2013.
The Supreme Court, in a plethora of Opinions, both of the distant
past and in more recent times, has opined that:
“Whenever the issue of a court’s jurisdiction is raised, every
other thing in the case becomes subordinated until the court has
determined its jurisdiction to hear and dispose of the particular
matter. This is true because if a court lacks jurisdiction to
entertain a matter, whatever decision or judgment is rendered by
it is a legal nullity. Therefore, it is necessary that the court
should determine its jurisdiction over the question which its
judgment assumes to answer or give relief.” MIM Liberia
Corporation v. Toweh, 30 LLR 611(1983); Kamara v. Chea & Satto,
31 LLR 511 (1983); Scanship (LIB) Inc., v. Flomo, 41 LLR 181,
186(2002); The Intestate Estate of the late Chief Murphey-Vey
John et al. v. The Intestate Estate of the late Bendu Kaidii et al.,
41LLR 277, 282 (2002); The Management of Paynesville City
Corporation v. The Aggrieved Workers of Paynesville City
Corporation, Supreme Court Opinion, March Term, A. D. 2013;
Loiuse Clarke-Tarr v. Daniel K. Wright, Supreme Court Opinion,
March Term, A. D. 2015.
Given the facts herein, as revealed by the records certified to this
Court, and the laws referenced above, the query then is whether
the respondent/ appellant complied with the procedure
prescribed either by the legislature under the Elections Law,
enacted pursuant to the authority granted by Article 34 of the
Constitution, or with the Regulations and Guidelines prescribed
by the National Elections Commission, promulgated pursuant to
the powers conferred upon that Body by the Elections Law, as
would enable this Court to acquire jurisdiction over the case and
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