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8/26/2020 Jupica vs Nec – Supreme Court of Liberia But assuming that they were exercising judicial or quasi-judicial powers, we hold that they did not exceed their jurisdiction or proceed by wrong rules other than those which should be observed at all times, because they were specifically mandated by the Joint Resolution of the Legislature to conduct the special senatorial election on a specified date which is December 16, 2014. Hence, prohibition will not lie against them. WHEREFORE, the alternative writ of prohibition issued is ordered quashed, the stay order placed on the holding of the special senatorial elections lifted, and the peremptory writ prayed for is denied. The Clerk of this Court is ordered to inform the parties accordingly. It is so ordered. Petition denied. Counselors Sayma Syrenius Cephus appeared for petitioners, Justice and Public Interest Consortium Africa (JUPICA), Honorable Edwin K. Martin, the Concerned Group of Eminent Citizens, the Movement for Progressive Change (MPC), Leaders of Political Parties and Civil Society Organization (CGEC). Counselor J. Laveli Supuwood of the Supuwood & Associates Law Firm in association with S.L. Lofen Kaneah, Jr. appeared for Petitioners National Democratic Coalition (NDC) and the Movement for Progressive Change (MPC). Counselor Theophilus C. Gould of the Kemp & Associates, Counselor F. Musa Dean of the Dean & Associates and Counselor George E. Henries of the Henries Law Firm appeared for 1st Respondent, National Elections Commission (NEC). Counselor Benedict F. Sannoh, Acting Minister of Justice and Counselor Betty Lamin Blamo, Solicitor-General appeared for 2nd Respondent Government of Liberia.  YOU MAY ALSO LIKE... 0 Mustapha Fadallah VS Priscilla Gibson-Flomo Subah-Belleh & Associates, Inc. VS Nelson Oniyama 25 JAN, 2016 1 FEB, 2016 Hans Caperhat Williams and Mardia P. Williams VS Republic of Liberia 25 JAN, 2016 comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 26/27

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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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