9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
WHEREFORE AND IN VIEW OF THE FOREGOING, Movant prays
this Board to grant this Motion, dismiss Respondent Siebo’s
appeal for failure to file his Bill of Exceptions within 48 (fortyeight) hours and perfect, and grant unto Movant any and all other
relief which are legal, just, and proper.”
In response to the motion, the respondent/appellant filed a
twenty-two (22) count resistance, stating basically that the fortyeight (48) hours’ time frame was inapplicable to this case since
the final decision of the Board of Commissioners of the NEC
emanated from a Nomination Committee which the New
Elections Law does not recognize, as compared to a hearing
officer or magistrate of the National Elections Commission
(NEC); that the respondent/ appellant did not receive a copy of
the Board’s final ruling until August 11, 2017, and that he made
frantic effort to file his bill of exceptions within the statutory
period but that due to traffic congestion he could not reach the
Commission’s office on time. The respondent/appellant also
denied that he had failed to comply with the statutory
recognizance requirement. He exhibited a receipt showing that
he had met the requirement and that as such the appeal could
not be dismissed on that ground. We quote, for the benefit of this
Opinion, counts 11, 12, 13, and 20, of the twenty-two (22) counts
resistance which we deem germane to the determination of this
case. The said counts read thus:
“11. That, as to counts 8 and 9 of movant’s motion, respondent
says when he excepted to the final ruling of NEC on August 10,
he did not receive a copy of the final ruling until August 11, 2017;
and he immediately entered into recognizance with the National
Elections Commission by the payment of US$2,000 into NEC’s
Central Bank Account. Respondent requests Court to take
judicial notice of respondent/appellant’s bill of exception, which
contains a copy of the Central Bank of Liberia Pay-in-Slip No.
0342088 of US$2,000 deposited in NEC’s account number
0220630002700. The said account number was given Respondent
by instruction from Attorney Teage to one Korpu, phone #
0886538622, of movant’s finance office. Thus, satisfying the
requirement to be within the appealing requirement;
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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