9/16/2020
NATIONAL ELECTIONS COMMISSION V AMOS SIEH SIEBO-MOTION TO DISMISS-FINAL JUDGMENT –
Yardamah v. Comfort N. Natt et al., Supreme Court Opinion,
March Term, 2015.
As we have done in other elections cases, the National Elections
Commission is hereby again admonished to make all efforts
aimed at ensuring that the Regulations are succinct, predictable,
void of conflicts and available to all candidates so that they are
in knowledge of the regulations and in the position to appreciate
which parts of the regulations are applicable to a particular
situation.
Predicated upon the above circumstances and principle of law
cited, we hold that the respondent/appellant had up to three (3)
days to perfect his appeal from decision of the NEC’s Board of
Commissioners to this Court. The question is, did the
respondent/appellant complete the appeal within the three days
as to confer jurisdiction on this Court to entertain the merits of
the appeal. The records certified to this Court do not reveal such
to be the case. The records before this Court show that the ruling
of the NEC’s Board of Commissioners was delivered on the 10th
day of August, A. D. 2017. Taking the three (3) days computation
into account, the respondent/appellant should have filed his
notice of completion of appeal not later than the 13th day of
August, A. D. 2017. However, since the August 13, 2017 fell on a
Sunday, a non-working day, and since the number of days in the
instant case is less than ten which requires the exclusion of
Sundays and legal holidays, [Civil Procedure Law, Rev. Code
1:1.7], the respondent/appellant had up to the next day, the 14th
day of August, A. D. 2017 to complete his appeal to this Court,
inclusive of his recognizance with the NEC, the filing of his bill of
exceptions and filing of the notice of completion of appeal. The
records indicate that except for the recognizance aspect of the
appeal, all of the other requirements, and especially the bill of
exceptions, for completion of the appeal were done without the
prescribed time.
The respondent/appellant’s counsel, during argument before us,
contended that while the final ruling of the Board of
Commissions reflected that same was handed down on August
10, 2017, he actually received the said ruling on August 11, 2017.
However, as he exhibited no evidence to substantiate the claim,
judiciary.gov.lr/national-elections-commission-v-amos-sieh-siebo-motion-to-dismiss-final-judgment/
31/36