9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
make a determination on the merits of the appeal. We take note
that neither of the parties to the case has challenged the
constitutionality of the Elections Law and hence we proceed on
the premise that the law is constitutional and that our
examination is limited to only a determination of whether the
appellant complied with the requirements of the Elections Law,
Regulations and Guidelines which the parties concede are
mandatory and necessary prerequisites for this Court to assume
jurisdiction over the appeal.
We observe, from the onset, that the Elections Law is silent on
the procedures to be followed in the case of the rejection of the
nomination application of an aspirant seeking to be a candidate
in an ensuing public election, as in the instant case. There is no
specific mention in the law that an aspirant whose application for
accreditation to participate in an ensuing election is rejected by
the National Elections Commission is required to appeal said
rejection to the Supreme Court within a specified period of time.
Although Chapter 2, sub-section 2.9 (e), which speaks to the
general powers of the Commission, unreservedly grants to a
political party or independent candidate whose registration has
been rejected or certificate of registration has been revoked the
right to appeal such decision to the Supreme Court, the section
is void of the procedures for taking such appeal. This is how the
provision reads:
“Upon objections made by any person or group of persons, the
Commission may reject, and if already registered, revoke the
certificate of accreditation of said party or independent
candidate, subject to an appeal to the Supreme Court of Liberia.”
Thus, consistent with other provisions of the Constitution which
grant to parties against whom decisions have been rendered the
right of appeal, and in harmony with Article 34 of the
Constitution vesting in the Legislature the right to enact the
Elections Law, the power to prescribe the procedures to be
followed in perfecting an appeal to the Supreme Court is
delegated to the Legislature, or to such Body(ies) as the
Legislature may vest authority in to designate such appeal
procedures, consistent with the Constitution and statutory laws
of the land. We note that under authority granted to the
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