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individual, like a vice presidential candidate who cannot legally desire to seek
public elective office on his/her own, but must be selected by another, like a
presidential candidate.” And to further exacerbate the errors already made,
including the appellants filing of a bill of exceptions as if the decision was of
the Board of Commissioners, the bill of exceptions was signed or approved
only by the Chairman of the Commission rather than by a majority of the
membership of the Board of Commissioners as has been done in numerous
appeals taken from the decision of the Board of Commissioners. This action
was a further indication that the decision was not of the Board but solely of
the Chairman of the Elections Commission in his capacity as Chairman of the
Commission. We shall revert to these core concerns later in this Opinion,
following disposition of the issue raised by the appellants.
Regarding the lone issue raised by the appellants in their bill of
exceptions and in their brief, this is how they have structured same:
“Whether Section 5.2 of the Code was intended to apply to an individual, like
a vice presidential candidate who cannot legally desire to seek public elective
office on his/her own, but must be selected by another, like a presidential
candidate?” In attempting to provide an answer to the issue favourable to
them the appellants took resort to this Court’s decision in the Selena MappyPolson v. Republic of Liberia case, decided by this Court on March 3, 2017,
wherein this Court upheld the constitutionality of sections 5.1 and 5.2 of the
Code of Conduct, which had been challenged by the petitioner. They proclaim
that in the Polson case, this Court laid down four salient points: (i) That “the
purpose and objective of Section 5.2 of the Code is to ensure that presidential
appointees are not allowed an advantage over others in the process of
competing for elected positions by using their offices and Government
resources in support of partisan activities; (ii) It is a rule of construction that
statutes must be interpreted to best carry out their statutory purposes; (iii) It
is also a rule, that courts must follow a presumption that the legislature
intends reasonable results; and (iv) The courts are to follow the plain
meaning of the statutory text, except when the text suggests an absurd
result.”
Using those points as the standard for the interpretation of sections 5.1
and 5.2, as applied to Co-appellant Harrison S. Karnwea, Sr., the appellants