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to a political party or independent candidate whose registration has been rejected or certificate of registration has been revoked the right to appeal such decision to the Supreme Court, the section is void of the procedures for taking such appeal.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 judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/ 25/36

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