9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
movant/appellee, and which it seeks to impress upon us that the
respondent/appellant had only two (2) days to perfect his appeal
to this Court from, the decision of the NEC’s Board of
Commissioners, the above quoted provision of the Regulations,
gives the respondent/appellant three (3) days to have perfected
his appeal to the Supreme Court from the decision of the NEC’s
Board of Commissioners. The provision clearly and
unambiguously sets out that: “An aspirant whose application
has been rejected may appeal the NEC’s decision to the Supreme
Court within three (3) days of the NEC’s determination.”
But there is also another provision of the self-same ‘Compilation
of Regulation’ which is titled “Regulations on Complaints and
Appeals” that similarly lays out the procedures on “Candidate
Nomination Challenges”. This other provision puts the time for
appealing from the NEC’s decision on rejection of a candidate’s
application for nomination to the Supreme Court at 48 hours
from the date of the decision. Here is how the provision reads:
“A candidate rejected by the NEC during the candidate
nomination period may appeal the NEC’s decision to the
Supreme Court within 48 hours after the NEC’s determination.”
Regulations on Complaints and Appeals; Candidate Nomination
Challenges, Article 5.1
We note that the latter quoted provision is clearly in conflict with
the earlier quoted provision which found in the self-same
“Compilation of Regulations” promulgated by the National
Elections Commission. We wonder why the respondent/appellant
did not pick up such a glaring conflict in the one document. A
contention on the effect of conflicting standards in the
regulations would have gained this Court’s attention not only
because
by
the
wording
of
the
regulation,
the
respondent/appellant and all other persons similarly situated are
left wondering as to whether the regulations require two or three
days to appeal the NEC’s decision to the Supreme Court but also
because it is a settled principle of law in this jurisdiction that
where there is a conflict in the law or a document, said conflict
works against the drafters [who in the instant case is the
National Elections Commission] and that the innocent
responding party cannot be held answerable therefor. Tex L.
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
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