-As CDC Resist Ruling, Run To Supreme Court
The Coalition for Democratic Change (CDC) is resisting the recent ruling handed down by the hearing officer of the National Elections Commission (NEC) which calls for re-run of the District #15 By-elections at six Precincts constituting twenty polling places in the district.
It can be recalled, the hearing officer the National Elections Commission recently ruled in favor of opposition candidate Telia Urey thus declaring a rerun of the district #15 by-election in six precincts within the course of ten days conceding to alleged ballot tempering. This the ruling establishment believed the NEC had erred and is more a less siding with the collaborating opposition political parties.
CDC in a twenty-five count “Bill of Exceptions” to the Supreme Court, begged the honorable Court as final arbiter of Justice in the land, to mandate the Board of Commissioners of NEC to review and reverse its decision of re-run of the by-election in Montserrado County District 15 by-election at some polling places.
According to the ruling party, the high court should reverse NEC’s judgement on grounds that it is prejudicial, erroneous, illegal and bias, and at the same time protect the votes of the people by granting onto the CDC proper relief.
The CDC further alleges that the ruling declaring rerun is erroneous and should be reversed because NEC ignored sufficient facts and admissions that were relevant and material to determine the issues raised during the course of the investigation.
The ruling establishment asserted that the NEC committed several reversible errors when it deliberately ignored material evidence and selectively picked facts that are completely irrelevant and ruled upon such.
CDC maintained in her complain to the court, that the reduction in the votes of the parties after the exclusion of the quarantined precincts that were already tallied cannot be deemed as elections irregularity as claimed by NEC hearing officer.
“That the honorable supreme court has also held that the mathematical error being harmless cannot be deemed as an election irregularity. Tokpa v NEC et al, LRSC 29 (august 7, 2015).”
CDC indicated that recount is the proper recourse consistent with law and reasoning since the tabulation at the Data Center has no connection to the ballot boxes.
“You have committed a reversible error when you made the following outrageous statements, without any legal and factual basis, while addressing Telia Urey’s mischievous query about why Abu Kamara’s votes had to reduce during the subsequent announcement. What a strange conduct in electioneer; that needs not to be condoned.”
It is the holding of the CDC that the quarantined votes have been compromised and any attempt to include said votes will undermine the principle of transparency, one of the core values of the NEC.
The party further claimed by inconceivably declaring rerun, thereby annulling the votes in six precincts, the ruling by NEC is reversible and violates section 6.2 (5) of the Elections Law of Liberia.
“Defendant/Intervener says and submits that since you have held that the complainants had failed to demonstrate that their allegations of irregularities were substantial enough, there is no legal reason that justify your prejudicial and erroneous ruling.”
CDC contested that NEC hearing officer failed to realize that due process does not permit ambush in fact finding investigations, for which said decision should be reversed by the board of commissioners of the NEC.
“The complainants had failed to meet the minimum standard set forth by the honorable Supreme Court to clear any doubts which surround the chain of custody and the authenticity of the flash drive,” the Bill justified. TNR