8/26/2020
Jupica vs Nec – Supreme Court of Liberia
the moment does not have an updated Registration Roll for the pending elections which could
spark a major confusion amongst registered voters and did publish or open for public view or
contest the Registration Roll consistent with chapter 3, section 3.6 titled: “Roll to be Kept for
Public Inspection which expressly states-. The general registration roll for each registration
center shall be opened for public inspection at the office of the Magistrate of Elections without
a fee on any day in a week during the hours the office is opened. A copy of each roll may be
kept at such other places as the Commission may designate for public inspection.”
18. Petitioners submit that Article 83(a) of the 1986 Constitution, which the 1st and 2nd
Respondents are relying upon as a basis for their actions refers to national and general
elections and it expressly states as follows: “Voting for the President, Vice President,
members of the Senate and members of the House of Representatives shall be conducted
throughout the Republic on the second Tuesday in October of each election year.” Petitioner
says when a statutory or constitutional provision is succinctly clear on its face, it requires no
further interpretation as a matter of law, thus, Article 83(a) refers to a national and general
elections and not a midterm senatorial election. Your Honors are most respectfully requested
to take judicial notice of Article 83(a) of the 1986 Constitution.
19. Further, Petitioners aver that the pending senatorial elections in December
2014 are illegal and unconstitutional because in the face of the continued closure of schools, health
facilities and major economic institutions which are signs of instability, holding elections at this time
will be in total violation of Articles 6 and 7 of the 1986 Constitution which provide as follows:
1. a. Article 6: The Republic shall, because of the vital role assigned to the individual citizen
under this Constitution for the social, economic and political well-being of Liberia, provide
equal access to educational opportunities and facilities for all citizens to the extent of available
resources. Emphasis shall be placed on the mass education of the Liberian people and the
elimination of illiteracy”;
1. b. Article 7: “The Republic shall, consistent with the principles of individual freedom and social
justice enshrined in this Constitution, manage the national economy and the natural resources
of Liberia in such manner as shall ensure the maximum feasible participation of Liberian
citizens under conditions of equality as to advance the general welfare of the Liberian people
and the economic development of Liberia.”
2. Petitioners submit that the expressions: “Emphasis shall be placed on the mass education of
the Liberian people and the elimination of illiteracy and the maximum feasible participation of
Liberian citizens to advance the general welfare of the Liberian people and the economic
development of Liberia” as used in Articles 6 and 7 of the 1986 Constitution have been
undermined and destabilized because the current Ebola virus which the 2nd Respondent is
reluctant to confront and defeat poses a clear and present danger to the economic lives and
survival of the Liberian people, thus leading to the perpetual closure of schools, hospitals and
major economic activities, and despite this, the 2nd Respondent is determined to support an
electoral process that is neither constitutional nor statutory.
comnetitsolutionsinc.org/toj/jupica-vs-nec-2/
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