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R-L: Associate Justice In-Chambers of the Supreme Court of Liberia Sie-A-NyeneGyapay Yuoh And Members of the CPP R-L: Associate Justice In-Chambers of the Supreme Court of Liberia Sie-A-NyeneGyapay Yuoh And Members of the CPP

Supreme Court Denies CPP Request For Mandamus Featured

MONROVIA,LIBERIA - The Associate Justice In-Chambers of the Supreme Court of Liberia, Sie-A-NyeneGyapay Yuoh, last Friday, October 2, 2020 denied the Collaborating Political Parties (CPP) petition for the writ of mandamus, which seeks to compel the National Elections Commission (NEC) to do a full cleaning of the 2017 Voter Roll (FRR).

The CPP is inclusive of the country’s four leading opposition political parties, namely: the former ruling Unity Party (UP), the Liberty Party (LP), the Alternative National Congress (ANC) and the All Liberian Party (ALP). Associate Justice Yuoh declined to grant the writ of mandamus as prayed for by the CPP without stating any basic grounds as to her decision to deny the issuance of the said writ, which the CPP believes, is critical to Liberia’s peace and stability and which, if not addressed, could also cause violence in the country. It can be recalled that on Friday, September 25, 2020, the CPP petitioned the court in a 29-count seeking the country’s electoral body to clean the voters’ roll.

The petitioners prayed the high court to coerce the NEC to do that needful by cleaning-up the Voters Roll , stating that such will bring relief as well as ensure free, fair and transparent conduct of the December 8, 2020 Special Senatorial Election. Mandamus is definite under the Liberian law as a special proceeding to obtain a writ requiring the respondent to perform an official duty. The writ is not a preventive remedy, but is essentially a coercive writ, one that commands performance. CPP empathized in their petition that the conduct of the respondents( NEC) in this circumstances present a clear danger as it risks throwing the Country to violence and instability that could be avoided if NEC conduct a transparent, full and comprehensive cleanup of the 2017 Voters Roll in close collaboration with political parties. “A creditable Voters’ Roll the CPP holds is an indispensable foundation for free, fair, and transparent elections and the exercise of democratic governance,” the party indicated.

“Where the voters roll, as in the instance case, is deliberately compromised through misfeasance, nonfeasance and malfeasance by the entity constitutionally and statutorily responsible for the conduct of elections, the constitution is deliberately prevented, and the wholesome objectives and sacred underpinnings of our constitution and representative form of government is undermined,” it pointed out. The opposition group mentioned that cleaning of the voter’s roll is clothed with the process of credibility, accountability and fairness and is in furtherance of Chapter 1, Article 1 of the 1986 constitution. “All power is inherent in the people. All free governments are instituted by their authority and for their benefit and they have the right to alter and reform the same when their safety and happiness so require. In order to ensure democratic government which responds to the wishes of the governed, the people shall have the right at such period, and in such manner as provided for under this constitution, to cause their public servant to leave office and to fill vacancies by regular elections and appointments,” the law provides.

The Parties term this as unjust, cruel and oppressive and has the tendency to undermine the smooth conduct of the mid-term elections, potentially incite chaos and violence and drag this country into another round of conflict reminiscent of the civil war days and only the Supreme Court can calm this stormy situation. The CPP petition was to also ensure that the High Court mandate NEC and GOL to comply with the June 5, 2020 Joint resolution of the legislature to clean the 2017 voters roll and as well comply with the recommendations spelled out in the3 ECOWAS Report

 

Read 481 times Last modified on Thursday, 08 October 2020 07:13
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