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8/26/2020 Jupica vs Nec – Supreme Court of Liberia erosions and dictatorial interferences and narrow interpretations of constitutional provisions for selfish gains; and 1. k. Authorize the 1st and 2nd Respondents to abide by all provisions of the 1986 including Articles 1, 6, 7, 46 and 37 of the 1985 Constitution and initiative legitimate democratic processes to avert a recurrence of constitutional violations and other forms of dictatorial practices so as to ensure and protect the current democratic order at all times according to the laws and Constitution of Liberia. RESPECTFULLY SUBMITTED: PETITIONER REPRESENTED BY COUNSELS JUSTICE AND PUBLIC INTEREST CONSORTIUM AFRICA (JUPICA) 1st FLOOR, BEDELL BLDG, BENSON & CENTER STREETS INTERSECTION, MONROVIA LIBERIA Signed: SAYMA SYRENIUS CEPHUS COUNSELOR -AT-LAW Dated this 21ST day of NOVEMBER A. D. 2014 The National Elections Commission file returns to the petition which we quote: AND NOW COMES 1st Respondent, in the above entitled cause of action, and most respectfully file its Returns in the form and manner as follows, to wit: 1. Because as to the entire petition, 1st Respondent says same should be denied and dismissed because this Honorable Court has repeatedly held that prohibition is proper only to restrain an inferior court or administrative tribunal from taking action in a case without jurisdiction, or having jurisdiction, proceeds beyond its jurisdiction, or attempts to proceed by rules different from those which ought to be observed at all times. For reliance, see: Parker v. Worrel, 92 LLR 525, 526 (1925); Fazzah v. National Economy Committee. 8 LLR 85, 8991 (1943); Thomas v. Ministry of Justice, 26 LLR 129, 134 (1977); Nelson v. Boye, 27 LLR 174,179 (1978). 2. And also as to the entire petition, 1st Respondent says it is conducting the 2014 Special Senatorial Election in accordance with duty imposed by law, and that prohibition will not lie where a respondent is performing a legal duty and has neither exceeded its duty nor assumed jurisdiction not granted it by law. For reliance, see also: Kaba & McCromsy v. Township of Gardnersville, 39LLR 549. 3. And further to the entire petition, 1st Respondent says it was established as an Autonomous Commission under Article 89(B) of the 1986 Liberian Constitution and, pursuant to Chapter 2, Section 2.9, Subsection (a) of the New Elections Law of 1986, is empowered to administer and enforce all laws relative to the conduct of elections, including the 2014 Special Senatorial Election throughout the Republic of Liberia. Respondent says that it has exclusive jurisdiction to conduct elections in keeping with law; that its decision to proceed with the conduct of the comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 15/27

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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
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Jupica vs Nec

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