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elections contests ". These duties having devoid on the Chairman by statute
cannot be denied or refused;
3. Counsel for Respondent says and urges the hearing to take judicial notice of
the exhibits attached to the motion to recuse which are newspapers clippings
revealing that the Chairman played his role as the Chairman and giving
updates on the elections and standing by the elections results. Counsel says in
the case "Kuku Dorbor vs. The National Elections Commissions decided June
2012, the Supreme Court held that elections results are considered valid and
should be treated as valid until contrary evidence or prove is provided. The
Chairman was therefore within the pile of the law when he declared that eh
election results are valid and that the Commission stands by those result.
Moreover, in the case In Re: C. Abayomi Cassell 28LLR, pg. 107, Syl. I & 2 the
Supreme Court held "in the absence of any statute in the contrary, it is fairly
well settled that a Judge is not disqualified because of unfavorable comment
or an expression of opinion as to the guilt or innocence of an accused"' and
also "the mere opinion expressed by a Judge which can be removed by
evidenced is insufficient to disqualified a judge from sitting on a case".
4. Counsel says that the motion is self-serving because on the 6`h Day of
November following arguments on the refusal to admit the Unity Party as an
intervener they appealed to the Board and the Board made two decisions in
their favor. (1) Granting the Intervention and (2) Denying our objections
against the appeal when they did not announce appeal. So those where two
decisions that were made, in their favor even after the newspaper clippings
that they are complaining of has started running and the Chairman presided
over those sessions, and we didn't see any motion.
WHEREFORE, AND IN VIEW OF THE FOREGOING, Counsel for Respondent
prays the Board to deny and dismiss the motion and order the proceedings
continue. And submits.”
The Board, knowing that it could only legally proceed with the appeal
before it upon first disposing of the motion to recuse, on November 23, 2017,
entertained arguments on the said motion and the resistance thereto. Almost
immediately following arguments by the parties, the Board, on the same date
of November 23, 2017, handed down its ruling on the motion, denying the
motion, sustaining the resistance, and ordering that the main appeal case
before it be proceeded with. Here is how the Board rationalized its denial of
the motion:
FINAL RULING OF THE BOARD OF COMMISSIONERS
COMMISSIONER DUKULY SPOKE FOR THE BOARD.
Heard: November 23, 2017.
Decided: November 23, 2017
On November 22, 2017, 1st and 2nd Appellants filed with the Board of
Commissioners a motion to recuse, requesting the Chairman of the National
Elections Commission, Cllr. Jerome G. Korkoya, to recuse himself from hearing
their appeal. Appellants aver that Chairman Korkoya made public statements
at several press briefings and that such statements reveal that Chairman