9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
As much as we would have preferred that a determination on this
case be made on its merits, we are precluded from going any
further because of the want of jurisdiction. The taking of an
appeal is a journey to the Supreme Court, step by step, and when
any one of those steps is missing or is defective, the journey
cannot be completed. Blamo et al. v. Management of Catholic
Relief Services, Supreme Court Opinion, March Term, 2006. This
Court has always held that elections matters are special
proceedings which must be heard expeditiously. Kamara v.
National Elections Commission, Supreme Court Opinion March
Term, A.D. 2017; Jonathon Boye Charles Sogbie v. NEC,
Supreme Court Opinion October Term, A. D. 2016. Yet, this Court
has also said that the steps required for taking an appeal and for
conferring jurisdiction upon this Court to hear the merits of the
appeal are mandatory and that except for acts or neglects
recognized in law for excusing the failure to comply with the
requirements, the Court is without the authority to extend the
mandatory time prescribed by law. In the instant case, the
excuse provided by counsel for respondent/appellant is not
acceptable in law and hence cannot be given legal credence. As
such, the appeal is dismissible and is therefore ordered denied
and dismissed.
Mr. Chief Justice Korkpor, speaking for a unanimous Court in the
Sogbie case of similar nature, espoused thus:
“It is incumbent on a candidate in an election to ensure that he
has in place a qualified legal team so that in the event he
believes that election violations have occurred, he would be in
the position to adequately take advantage of the law, especially
with the time-frame prescribed by the law for asserting a
challenge and timely appealing from any decision related to the
challenge.”
This Court says that in as much as it is in sympathy with the
plight of the respondent/appellant, it cannot ignore or disregard
the law that compels the appealing party to shield and surround
himself with the safeguards of the law by personally seeing to it
that all necessary jurisdictional steps are completed within the
time specified by law so that there are no grounds for dismissal
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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