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allow itself the opportunity to listen to the appellants or to have them
explain or justify their conduct as would have enable it (the Commission) to
not only give adequate and appropriate interpretation to the law in the face
of the Supreme Court’s decision in the case of Selena Mappy-Polson v.
Republic of Liberia, decided March 3, 2017, but also to determine what
penalty, if any, amongst the range of penalties stated in the Code of Conduct,
it could impose on Co-appellant Harrison S. Karnwea, Sr. for his alleged
violation of the Code was not of significance to warrant inclusion in the bill of
exceptions and seeking the Supreme Court’s disposition of such issue.
We wonder further if the decision of the Commission to bar Coappellant Harrison S. Karnwea, Sr. from any participation in the ensuing 2017
Presidential and General Elections, which the records indicate was made,
expressed and signed solely and exclusively by the Chairman of the
Commission with no indications of any involvement or participation of other
members of the Commission or that the Board of Commissioners of the
Commission acted as a Body in that regard, which would be evidenced by
records of Board proceedings, and which clearly constituted a meaningful and
substantial violation of the Elections Law, was not deemed by the appellants
to be sufficiently significant to warrant the intervention of this Court and thus
being captured in the bill of exceptions and raised as an issue deserving of the
attention of this Court.
No explanation was provided, either by the records or in the oral
argument before this Court by counsels for Respondent National Elections
Commission as to why there was such rigid deviation or departure by the
Commission from the normal course stipulated by the statute and the
Guidelines of the Commission and prior to scrupulously adhered to by the
Commission, to justify that the Chairman could alone, and without reference
to or any participation of the other members of the Board of Commissioners,
as a Board, make a decision of such magnitude as was made in the instant
case.
Yet, as cardinal as those issues are, the appellants did not believe that
they warranted being addressed by this Court. Instead, they proferred in the
bill of exceptions and the brief filed before this Court the singular issue of
“whether section 5.2 of the code of Conduct was intended to apply to an