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8/26/2020 Jupica vs Nec – Supreme Court of Liberia (CGEC), the Concerned Group of Eminent Citizens, and the Leaders of Political Parties and Civil Society Organizations (CGEC) have been dropped. Blamoh Nelson, J. Emmanuel Bowier, John Ballon and Milton Nathaniel Barnes, who are not under the jurisdiction of the Court in their individual capacities but rather purporting to be representatives of Leaders of Political Parties and Civil Society Organizations (CGEC) have been added and designated as the new petitioners, thereby changing the essential character of the petition, and making it a new cause with new parties as opposed to an amended petition with the same parties. The change in the parties was not made by a motion or by orders of this Court. Therefore, this Court lacks jurisdiction over the petitioners named in this case, they not having been brought under the alternative writ issued on orders of the Justice in Chambers. Consequently, the original petition having been withdrawn is no longer before the Court. And the purported amended petition by Blamoh Nelson, J. Emmanuel Bowier, Milton Nathaniel Barnes, and John Ballon, Eminent Citizens and Registered Voters, and the Movement for Progressive Change, filed after the alternative writ of prohibition had been issued, is not properly before us and cannot be entertained. In respect of the National Democratic Coalition, represented by and thru its Chairman, Mr. Alaric K. Tokpa and the Movement for Progressive Change (MPC), by and thru its Chairman, Mr. John Baloon, a motion was filed by NEC to dismiss their petition on ground of improper verification. NEC contended in the motion to dismiss that the affidavit attached to the petition for the writ of prohibition was signed by Cllr. J. Laveli Supuwood instead of the petitioners. We have reproduced the affidavit in contention which reads: “PERSONALLY APPEARED BEFORE ME, a duly qualified Justice of the Peace for and operating within the city of Monrovia, County of Montserrado and Republic of Liberia Counselor J. Laveli Supuwood one of counsel for PETITIONER in the foregoing and annexed Petition and made OATH according to law that all and singular the allegations as set forth in the petition are true and correct to the best of his knowledge and belief and as to those matters of fact he verily believes them to be true and correct. SWORN AND SUBSCRIBED TO BEFORE ME THIS 21STDAY OF NOVEMBER, A.D. 2014 JUSTICE OF THE PEACE MONTSERRADO CO. R.L. 1. J. Laveli Supuwood COUNSELLOR-AT-LAW/DEPONENT S. CiaphaGbollie Vice Chairman Adm/NDC/Deponent” (HANDWRITTEN) We note from the affidavit that it was only Cllr. Laveli Supuwood who appeared before the Justice of the Peace as seen in the body of the affidavit. The affidavit says, “Personally appeared before me, a duly qualified Justice of the Peace for and operating within the city of Monrovia, County of Montserrado and Republic of Liberia Counselor J. Laveli Supuwood one of counsel for PETITIONER”. [Emphasis supplied]. No other deponent appeared before the Justice of the Peace along with Cllr. Supuwood. Had other deponent(s) appeared along with Cllr. Supuwood, the name(s) of such other deponent(s) would have been so stated in the affidavit. But this was not the case. We note comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 5/27

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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

Primary Documents

Jupica vs Nec – Supreme Court of Liberia.pdf
English
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Election Judgments - IFES

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Jupica vs Nec

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