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say the intent of the Legislature, placed in its proper context, which is that
presidential appointees are not allowed to take advantage over other in the
process of competing for elected positions using their offices and the
government resources, if best carried out with reasonableness, and viewed
without the realm of absurdity, would clearly not be applicable to Mr.
Karnwea, and that therefore, the Chairman of the National Elections
Commission erred in construing the sections as he did, thereby making them
applicable to Co-appellant Karnwea and barring him, on the basis of that
misconstruction, from vying for or contesting for the office of vice president
of Liberia to the presidential bid of Charles Walker Brumskine on the ticket of
the Liberty Party in the ensuing 2017 Presidential and General Elections. In
that connection, the appellants stressed that “the intent of the Code is not to
punish everyone who ever worked for government, but to ensure that those
presidential appointees who have the desire to run for elective public office
do not do so at the expense of the taxpayers and to the disadvantage of
other contestants in the political race.” To avoid sections 5.1 and 5.2 being
relegated into the realm of absurdity, they maintain, focus must be placed on
the word desire, which they define as "to wish or long for; crave; want; to
express a wish to obtain; ask for; request”, which they emphasize is key to
the interpretation of the sections relied on by the appellee. The intent of the
section prohibiting a person situated as Co-appellant Harrison S. Karnwea, Sr.
from contesting an elective public office is that he must have manifested a
desire to engage in the political activity.
Placing the term in the context of section 5.2, the appellants make the
argument that “Co-appellant Karnwea did not desire, and could not have
desired, two years ago to be the running mate of Charles W. Brumskine, the
presidential candidate of the Co-appellant Liberty Party, and therefore, could
not have resigned; nor could [he] have reasonably been expected to resign
two years ago.” They argued further that had the appellee taken cognizance
of the four points articulated by the Court in the Polson case, which formed
the yardstick for the disqualification of a political candidate, it would not
have concluded that Co-appellant Karnwea fell within the prohibited conduct
since he not only did not harbor any political ambition when he held the
position of Managing Director of the Forestry Development Authority and