9/16/2020 NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT – of the appeal. The respondent/appellant, in pursuing his appeal, was obligated by law to take the outmost care to ensure that the mandatory provisions of the statute are strictly complied with and thereby alleviate the risk of dismissal of the appeal. The Supreme Court in a plethora of Opinions has held that: “for in as much as the Court has repeatedly expressed its strong preference for deciding cases on its merit and, consequently, is hesitant to dismiss a case by reason of a mere technicality it is very important that an appellant, in pursuing an appeal takes the out-most care to ensure that the statute is strictly complied with; that the Counsel for the appellant must continuously and meticulously examine the appeal statute and make sure that it is complied with to the letter and to the full intent of the Legislature as the Court is not prepared to sacrifice the appeal statute or turn a blind eye to accommodate the errors of the appellant in perfecting his appeal. To the converse, the position of the Supreme Court has been strict compliance; and any omission in fulfilling the requirements enounced in the appeal statute is deemed fatal and a warranty for the dismissal of the appeal as the Supreme Court has been un-waving and uncompromising in its position that non-compliance with the mandatory statutory requirements for appeal cannot be deemed as mere technicality and that a case will in fact be dismissed where there are violations of the substantive statutory requirements by the appellant.” Hussenni v. Brumskine, Supreme Court Opinion, March Term, A. D. 2013. In view of the principle of the laws cited herein, the failure of the respondent/appellant to complete his appeal within the three days’ time frame stipulated by Compilation of Regulations, Part III, Article 11, and considering that the motion to dismiss is in consonance with the law and that the Court is wanting the required jurisdiction to entertain a hearing into the merits of the appeal to determine if the Board of Commissioners was in error in confirming the ruling of the Nomination Committee, the motion is hereby granted and the respondent/appellant’s appeal is ordered dismissed. WHEREFORE, and in view of the foregoing, it is the holding of this Court that the motion to dismiss the appeal should be and judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 34/36