9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
Supreme Court from decisions of the Board of Commissioners
on the rejection of candidates’ applications for nomination. Part
III, Article 11, titled: “Scrutiny of the Candidate Nomination
Applications” provides as follows:
“11.1. During the Candidate Nomination Period, the NEC may
take all lawful steps that it deems necessary, including the
holding of hearings, to verify that information and
documentation submitted by the potential candidates are
accurate and that the candidate is qualified under the
Constitution, New Elections Law, other laws of Liberia and NEC
Regulations.
11.2. In the event that an application is defective, within three (3)
days of receipt of the application, the NEC shall inform the
candidate of the deficiency and the nature of the deficiency. The
NEC shall afford the candidate an opportunity to remedy the
deficiencies, provided that such candidate submits all relevant
papers to the NEC prior to the close of the nomination period.
11.3. Candidates who submit deficient nomination applications
shall only have up to the end of the nomination period to correct
any errors or deficiencies. Candidates who submit their
applications on the last day of the nomination period will only
have an opportu-nity to correct any deficiencies before the close
of the final day of the Candidate Nomination process.
11.4. The NEC shall notify all aspirants in writing of its decision
to accept or reject their requests to stand for elections. An
aspirant whose application has been rejected may appeal the
NEC’s decision to the Supreme Court within three (3) days of the
NEC’s determination.” [Our Emphasis]
The above quoted provisions of the NEC Regulations speak
clearly to the issue presented in the instant case. It is predicated
upon this scrutiny process that the Commission set up a
‘Nomination Committee’ to receive, investigate and vet all
applications and upon a hearing, make an initial determination as
to whether or not a particular candidate meets the requirements
to contest an elective post to which he or she tendered an
application. Interestingly, and contrary to the contention of the
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
29/36