8/26/2020 Jupica vs Nec – Supreme Court of Liberia The petitioners have argued that it is only the people of this country who have the authority to set a new election date, after the second Tuesday in October (October 16, 2014) set for the conduct of the special senatorial elections was suspended by the President pursuant to the state of emergency declared. In challenging the authority of the President and the Legislature to set the elections date the petitioners rely on Article 1 of our 1986 Constitution, which provides: “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments.” The petitioners contend that in keeping with Article 1 of the Constitution quoted above, it is the people, and not the Legislative and/or Executive Branch of Government, who have the power to convene a conference at which a new election date must be set for Senators. They therefore request this Court to issue the extraordinary writ of Prohibition to restrain, prohibit and enjoin the President and the National Legislature from setting an election date and NEC from conducting any election until the people convene a conference at which the people can set a date for senatorial election. This contention of the petitioners raises two basic questions: (a) what exactly does this provision of the Constitution mean? (b) What kind of power is “inherent in the people?” We are of the considered opinion that Article 1 of the Constitution cannot be construed as conferring the power on the people to administer the affairs of the nation on the body politic as a whole. This is a misguided view and interpretation of that Article. We hold that when Article 1 refers to power being inherent in the people, it means the right of the people to decide the leadership of the nation through elections organized by those who are charged with the responsibility of conducting elections consistent with the Constitution. The power of the people therefore can be and is exercisable only by those who have been duly elected by the people themselves to represent their interests. It is inconceivable to argue, as the petitioners do, that the drafters of the Constitution intended Article 1 of the Constitution to be construed as proposed by them. The text of Article 1 itself supports our conclusion, otherwise, how would the people “have the right at such period, and in such manner as provided for under this Constitution, to cause their public servants to leave office and to fill vacancies by regular elections and appointments.” Who shall organize and supervise such elections if the entire body politic, including those seeking public office, have the power to decide when elections are to be had? Clearly, it was not intended by the framers of this Constitution that the entire population of this nation would converge and exercise such power. Instead, it is intended that someone or group among the body politic, already duly elected or appointed, as the case may be, would be responsible to act or take decisions on their behalf. In this case, the Legislative and the Executive Branches of Government are the proper representatives of the people responsible for deciding on the date, organizing and conducting an orderly election. Next, we address the primary issue presented by this case, which is whether or not the decision to schedule the elections while the ebola virus is still present in Liberia is in violation of the Constitution? Assuming the answer to this question is in the affirmative, does this present a justiciable issue which can be determined by this Court? comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 22/27