9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
hearing officer’s decision although the said officers applied rules
which were squarely applicable to ‘voting’ and therefore could
not have affected a candidate’s nomination.
Moreover, we are tempted to ask the question, if the respondent/
appellant was of the belief that the Nomination Committee was
without authority to make such a determination of rejecting his
application, why did he appear before the Nomination Committee
without raising any objection to its jurisdiction to process his
application; why did he appear before the Board of
Commissioners to review the decision of the Nomination
Committee without questioning the jurisdiction of the
Nomination Committee? Or had the Nomination Committee
qualified him to contest the elections, would he have objected to
the findings of the Committee on the basis of jurisdiction? We
have made the point only to alert the respondent/appellant of the
insignificance of the arguments made and that he had chosen an
issue which squarely was a non-issue since the National
Elections Commission is statutorily clothed with the authority to
establish within the institution such components as may be
necessary to help facilitate the work of the Commission. We shall
therefore not dwell any further on that issue and instead revert to
the core issue of whether the respondent/appellant filed his bill
of exceptions without the time prescribed or allowed by law.
In regard to the foregoing, we note that the National Elections
Commission, in fulfillment of the authority granted it by the
National Legislature to formulate and enforce guidelines
controlling the conduct of all elections for elective public offices,
and done in conformity with the provisions of the Constitution
and the Elections Law, has on sundry occasions prescribed rules
for the governance of elections and other related matters,
including the procedures for perfecting appeals taken to the
Honorable Supreme Court by person whose applications for
nomination to contest an elective public position are rejected by
the Commission, as in the instant case.
We take judicial notice, as the law requires us to do, [Nasscorp v.
Natt, Supreme Court Opinion, October term, 2012] of the
“Compilation of Regulations” approved and published by the
National Elections Commission on August 22, 2016, which
addresses the procedures for the taking of appeals to the
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