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therefore, improper for a judge to comment on matters that are before him
or that may come before him for review or other adjudication.
WHEREFORE, and in view of the foregoing, Appellants respectfully pray the
Honorable Chairman of the Board of Commissioners of the NEC, Cllr. Jerome
Korkoya, to recuse himself from hearing the Appellants' Appeal, and that the
Board of Commissioners grants unto the Appellants such other relief as the
law provides.
Respectfully submitted the above named Appellants by and thru their Legal
Counsel:
FOR 1ST APPELLANTS:
N. Oswald Tweh
Powo C. Hilton, Jr.
COUNSELLOR-AT-LAW
COUNSELLOR-AT-LAW
Morris A. Kaba
Kuku Y. Dorbor
ATTORNEY-AT-LAW
COUNSELLOR-AT-LAW
FOR 2ND APPELLANTS:
H. Varney G. Sherman
Benedict F. Sannoh
COUNSELLOR-AT-LAW
COUNSELLOR-AT-LAW
J. Laveli Supuwood
Samuel Kofi Wood, II
COUNSELLOR-AT-LAW
ATTORNEY-AT-LAW
DATED NOVEMBER 21, 2017”
We note from the motion to recuse filed against the Chairman of NEC
and of the Board of Commissioners before whom the appeal from the CDHO
was venued, that the Chairman had made statements and utterances which
clearly showed and demonstrated that he could not render an impartial
judgment in the matter since he had already taken a position on the claims
and the allegations made by the appellants in their complaints even as the
matter was still pending before the CDHO for investigation and not yet before
the Board on appeal. The motion was resisted by the NEC on a number of
grounds, which we believe there is need to equally reference as we have done
with the motion. Here, therefore is how the NEC, on the Minutes of the
Investigation before the CDHO, resisted the motion:
“At this stage, Counsel for Respondent says he has received the Motion to
Recuse, served on yesterday evening and in the interest of time we
respectfully request the Board to allow him spread his resistance on the
minutes. And respectfully submits.
Counsel for respondent in the above entitled proceedings respectfully request
the Board to deny and dismiss the motion to recuse for the following factual
and legal reasons to wit:1. That the said motion is filed in bad faith intended the delay and baffle these
proceedings;
2. That the New Elections Law Section 2.10(a), (b) (Duties of Chairman and CoChairman) says "that, the Chairman shall be the official head and Spokesman
of the Commission; He shall provide over all meetings and hearings of