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principle of law in his Final Ruling. And for which, Appellants excepted
and argued the issues before the NEC Board; but the NEC Board totally
ignored the issues and how the evidence affected the fairness,
freeness and transparency of the October 10, 2017 elections.
39. In his Final Ruling, the CDHO said that in its defense Appellee
alluded to "difficulties and challenges" and the CDHO mandated
Appellee to "take the necessary steps to correct what they(Appellee)
referred to as difficulties and challenges before any future election".
As the CDHO did not particularize what these "difficulties and
challenges" were, the mandate of his Final Ruling is vague, ambiguous,
uncertain
and
incapable
of
enforcement.
And
so
Appellants/Intervenors except and argued this issue to the NEC Board;
but the NEC Board did not pass on whether the CDHO's Final Ruling is
vague, ambiguous, uncertain and capable of being enforced. And so
Appellants/Intervenors except.
40. Also in his Final Ruling, the CDHO did not say exactly what Appellee
should do "to correct" the "difficulties and challenges" faced by
Appellee in its administration of the October 10, 2017 elections. So,
the mandate of the CDHO's Final Ruling is vague, ambiguous, uncertain
and incapable of enforcement. Therefore, Appellants/Intervenors
excepted and argued the issue before the NEC Board; but the NEC
Board did not pass on whether the CDHO's Final Ruling is vague,
ambiguous, uncertain and capable of being enforced. And so
Appellants/Intervenors except.
41. Appellants/Intervenors says the CDHO's Final Ruling, which
mandates the Appellee to "take the necessary steps to correct what
they (Appellee)referred to as difficulties and challenges before any
future election "does not include a system or process by which it can
be determined whether Appellee has complied with such vague,
ambiguous, uncertain and unenforceable mandate before any future
election is held and did not impose a time frame within which these
necessary corrective steps should be taken. Nothing is said in the
CDHO's Final Ruling how contestants in the run-off ordered by the
CDHO will get the satisfaction that Appellee has complied with this
mandate. And so Appellants/Intervenors excepted and presented the
issue to the NEC Board but the NEC Board did not pass on the issue.
And so Appellants/Intervenors except.
42. Appellants/Intervenors say that Section 82.5(2) of the Executive
Law (the Administrative Procedure Act) clearly prescribes the form as
to final determination and orders of an administrative agency with
quasi-judicial powers. Liberian law (National Iron Ore Co. v. Gibson et
al., 26 LLR 365; The Management of the National Iron Ore Co. v. Dennis
et al. and The Board of General Appeals, Ministry of Labor, Youth &
Sports) is very clear that in order to be enforceable a judgment (final
determination), even of an administrative agency, must be certain and
definite. For the ambiguity, uncertainty and indefiniteness of the
CDHO's Final Ruling, Appellants excepted and presented the issue to
the NEC Board but the NEC Board did not pass on the issue. And so
Appellants/Intervenors except.