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burden to show and demonstrate that even in the absence of such complaints,
there were widespread irregularities and fraud committed throughout the national
electoral spectrum. We are not convinced that that burden of proof was met.
This Court cannot be asked and certainly cannot be expected to indulge in
such speculation, in the absence of such overwhelming catalogue of evidence
showing widespread irregularities at most of the 5,390 polling centers, and on the
basis of that evidentiary failure, to have the Court proceed to annul the entire
elections and order a rerun, being fully aware of the enormous expense and other
consequences for the nation.
In a similar vein, as stated above, the political parties were under an
obligation to themselves and to their constituents to work so closely with NGOs,
International and National and other Observers so that their efforts were spread
throughout the country and not just in particulars places where many of them
assembled, leaving other areas completely unattended. This may have left many
areas exposed to the kinds of activities referred to by the appellants. But in the
absence of evidence to show that those activities did occur in those areas, evidence
would have had to be presented. We did not see that evidence in the records
before us.
The appellants contend that international observers who observed the
October 10, 2017 Presidential and Representatives elections were unanimous in
their view that there were challenges and/or irregularities committed during the
elections. They say, for example, that the international observers concurred on the
issue of late opening at many voting precincts; that there were no queue
controllers in many polling places; and that many voters could not find their
identities on the FRR. The appellants are quite correct in their assessment of the
position of the international observers on the just ended elections. What the
appellants did not say, however, is that the same international observers noted in
their respective reports issued that generally the presidential and representatives
elections held on October 10, 2017 were peaceful and the results fairly represent
the intent of the electorates. The position of the international observers is in line
with our findings in this case.
Our esteem colleague, Mr. Justice Kabineh M. Ja’neh, disagrees with the
majority of the Court and has therefore prepared a dissenting Opinion. We do not