8/26/2020 Jupica vs Nec – Supreme Court of Liberia 1. And finally, 2nd Petitioner fears that the Republic of Liberia is slipping into the abysmal path of self-destruction and the purported senatorial elections although unconstitutional and inconsistent with the provisions of Articles 46 and 37 are being held or will be held when there is no vacancy at    the Honorable Liberian Senate which is the only constitutional conditions under which elections held to fill in vacancies; and though the 1st and 2nd Respondents are aware of this, and also know that there will be no international electoral observers because of the present of the Ebola virus which the 2nd Respondent says is still prevalent, it is callously proceeding to hold elections that could turn out to be a recipe for chaos, public unrests and instability and 2nd Respondent fear that this could again frustrate any attempts to open schools, hospitals and major economic institutions, thus the future of the children of 2nd Petitioner remains bleak because of the atrocious conduct of the 1st and 2nd Respondents to sport with lives of 2nd Petitioner’s children and the children of Liberia; and 1. g.   And Petitioner fears that the holding of senatorial elections amid the current Ebola virus amounts to misplaced priority and will further harm the national treasury which could undermine the future allocation of financial resources to support educational and health institutions when they reopened because by then, the national treasury will be reduced to a “sorry state” and the resources therein would have been squandered or spent to fund an electrical process that will not save life and property but instead, could lead to the spread of Ebola cases fourfold , and 2. h. The 2nd Petitioner fears that the current senatorial elections have no voters’ rolls and this could become a recipe for chaos and confusion which could undermine the current democratic order and plunge the country into serious political crisis in the event that a contest over voters’ roll arises. As further evidence that 2nd Petitioner is a bona fide registered voter, it hereby attaches a copy of its voter registration card marked as Exhibit “P/2.” 4. 4. 1St    and 2nd Petitioners submit that there is no Midterm or Special Senatorial Elections under the 1986 Constitution and that the Constitution provides under Articles 46 and 37 as follows: (a). Article 46: “…The seats of Senators of the first category shall be vacated at the expiration of the ninth year… “ (b). “In the event of a vacancy in the Legislature caused by death, resignation, and expulsion or otherwise, the presiding officer shall within 30 days notify the Elections Commission thereof   The Elections Commission shall not later- than 90 days thereafter cause a by-election to be held…” 5. 5. Petitioners submit that the Constitutional interpretation of Articles 46 and 37 is that the current batch of senators being senators of first category shall vacate their offices at the end of the ninth year, and then the vacancy(ies) created under the constitutional expression of “OTHERWISE” as used in Article 37 of the 1986 Constitution, will ultimately give the presiding officer the power to notify the National Elections Commission(NEC) within 30 days, after which the Elections Commission shall not later than 90 days cause the holding of a by-election for such vacancy(ies). comnetitsolutionsinc.org/toj/jupica-vs-nec-2/ 9/27