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8/26/2020 Jupica vs Nec – Supreme Court of Liberia 2014 Special Senatorial Election on December 16, 2014, is authorized by law; and that prohibition cannot lie to restrain Respondent from exercising its authority within the law. 4. Further to the entire petition, 1st Respondent says that pursuant to Article 34(i) of the 1986 Constitution of Liberia, the Legislature has the power to enact elections laws. (a) That further to count 4 above, Article 35 of the 1986 Constitution of Liberia recognizes and echoes the power of the Legislature to enact a resolution. (b) That under Article 35 of the Constitution, once the President approves/signs a resolution passed by the Legislature, said resolution shall become law. (c) That further to count 4 above, the Legislature passed Joint Resolution #002/2014 mandating that the 2014 Special Senatorial Election be held not later than December 20, 2014, and Her Excellency, President Ellen Johnson Sirleaf, signed said Resolution into law. Please see hereto attached Joint Resolution # 002/2014 marked as Exhibit “R/1” in bulk. 5. That this Honorable Supreme Court has issued several Opinions, recognizing that a Resolution passed by the Legislature, and signed by the President, is law. For reliance, see: Sen. Garlawolu et al v NEC et al, 41 LLR 377 (May 9, 2003) (which acknowledged a Joint Resolution which, after the elections in July 1997, reinstated the 1986 Constitution and returned our Nation to constitutional governance); Liberty Party v. NEC, decided by the Supreme Court on June 14, 2011 (which acknowledged the power of the Legislature, through a Joint Resolution, to enact a law setting a threshold for reapportionment of electoral constituencies); see also Williams et al v Smith et al. 30 LLR 633 (February 4,1983); Bryant et al v RL. 6 LLR 128 (December 31, 1937); Brumskine v Vietor et al. 2 LLR 123 (June 13, 1913). 6. That His Honor, Justice Banks, III, speaking for this Honorable Court, reechoed the three things that are necessary to justify the issuance of a writ of prohibition: “The court, officer or person against whom it is directed has or is about to exercise judicial or quasi-judicial power; that the exercise of such power by such court, officer, or person is unauthorized by law; and that it will result in injury for which there is no other adequate remedy.” For reliance, see: Broh v Hon House of Rep, et al., decided by the Supreme Court on January 24, 2014; see also Doe et al. v. AshThompson and The Proposed Liberia Action Party. 33 LLR 251, 269-70 (1985). 7. That further to the entire petition, 1st Respondent says it is clear that the authority to conduct all public elections, including the 2014 Special Senatorial Election, is conferred upon Respondent by the Constitution, the New Elections Law, and Joint Resolution #002/2014. 8. That further to the entire petition. Respondent says that by carrying out its duty to conduct the 2014 Special Senatorial Election, Respondent was proceeding within the scope of its authority. Accordingly, the writ of prohibition will not lie where the act complained of is neither wrong, nor illegal, but rather within the scope of the authority of the person or office complained against. See also: Komai vs. the Ministries of Justice & Public Works et al, 36 LLR 518 (1989.) Hence, the petition should be dismissed in its entirety, and Respondent so prays. Improper Verification comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 16/27

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Jupica vs Nec

Judgment

Question Presented: Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?

Alleged Acts: In February of 2014, Liberia was devasted by Ebola virus and on August 6, 2014 the President declared a state of emergency. Elections were scheduled for October 14, 2014 and the National Elections Commission (NEC) informed the government of the impossibility of adhering to the order, which restricted the freedom of movement, and holding the elections on that date. The President issued a proclamation suspending the elections on October 4, 2014 and the legislature endorsed that action but included that the election must be held no later than December 20, 2014. The NEC consulted with the political parties, civil society groups, and religious groups to determine the date of elections and agreed upon December 16, 2016. The Legislature passed a resolution authorizing the elections to be held on December 16 ,2014 and the President signed the resolution into law. The resolution was passed and signed into law when the state of emergency in Liberia was still ongoing. The petitioners filed suit seeking the setting of a date to be undone because it was illegal and the Ebola virus was still present in the nation.

Summary: Because the state of emergency was still in effect, the court determined that the law constituted a modification of the state of emergency originally set forth by the President’s state of emergency order. Although the court stated that elections would need to have guidelines that requires strict adherence in order to protect the health of constituents, the court stated that the election could stand because it was a political questions and could not be purely determined by the courts. Further, if the court had the power to determine that the Executive and Legislative branches’ set election date could be overruled by the court, it would also need the power to compel a new election date.

Conclusion: The court ultimately denied the petitioner’s request.

Legal Issue(s)

Electoral Administration Irregularities
EMB Independence
Health Concerns & Election Administration

Region: Africa

Country: Liberia

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: Jan 13, 2016

Geolocation

Latitude: 6.404914557

Longitude: -10.67993335

: Geolocation

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Jupica vs Nec – Supreme Court of Liberia.pdf
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Jupica vs Nec

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