8/26/2020
Jupica vs Nec – Supreme Court of Liberia
election. The Resolution stated, however, that the elections should be conducted not later than
December 20, 2014. In the Joint Resolution, the Legislature directed NEC to consult with all relevant
stakeholders including political parties, other civil society groups and religious groups among others,
in order to decide on the date of the elections. As a consequence of the consultations, the relevant
stakeholders agreed on December 16, 2014, as the date for the elections.
On November 3, 2014, the Chairman of NEC wrote a letter informing the Legislature that the
stakeholders had agreed on December 16, 2014 as the date for the holding of the special senatorial
elections.
Both Houses of the Legislature then passed a Joint Resolution authorizing the holding of the
elections on December 16, 2014, and the Joint Resolution was signed into law by the President. It is
important to note that the Joint Resolution was passed by the Legislature and signed into law by
the President when the state of emergency was still in effect. We hold that because the Joint
Resolution was passed by the Legislature and signed into law by the President when the state of
emergency was still in effect, the said Joint Resolution, while carrying the effect of law, also
constitutes a modification of the measures taken by the President pursuant to the state of
emergency as required by Article 88 of the Constitution.
The position we have taken is supported by Article29 of the Constitution, which provides:
“The legislative power of the Republic shall be vested in the Legislature of Liberia which shall
consist of two separate houses: A Senate and a House of Representatives, both of which must pass
on all legislation. The enacting style shall be: ‘It is enacted by the Senate and House of
Representatives of the Republic of Liberia in Legislature assembled.”’
And Article 35 of the Constitution provides:
“Each bill or resolution which shall have passed both Houses of the Legislature shall, before it
becomes law, be laid before the President for his approval. If he grants approval, it shall become
law. If the President does not approve such bill or resolution, he shall return it, with his objections,
to the House in which it originated. In so doing, the President may disapprove of the entire bill or
resolution or any item or items thereof. This veto may be overridden by the re passage of such bill,
resolution or item thereof by a vote of two thirds of the members in each House, in which case it
shall become law. If the President does not return the bill or resolution within twenty days after the
same shall have been laid before him it shall become law in like manner as if he had signed it,
unless the Legislature by adjournment prevents its return.”
Consistent with the above quoted constitutional provisions, the House of Representatives and the
House of Senate on October 14, 2014, passed a Joint Resolution authorizing NEC to conduct a
special senatorial election to replace those Senators whose terms of office expire on January 16,
2015. That Joint Resolution was subsequently signed into law by the President. This being the case,
the Resolution became a law of this Republic that is not only binding on the National Elections
Commission, but also a law that is binding on all citizens of this nation. We hold, therefore, that both
the President and the National Legislature having performed acts within the pale of the law did not
violate the Constitution.
comnetitsolutionsinc.org/toj/jupica-vs-nec-2/
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