Supreme Court frees NEC in CPP Petition …says Commission is no way in violation of the Constitution

The Full Bench of the Supreme Court says the National Elections Commission (NEC) is no way in violation of the Constitution as regards Article 80, contrary to a petition filed by the Collaborating Political Parties (CPP). 

This comes after CPP filed a petition that alleged that the NEC’s decision to conduct the voter registration exercise without first demarcating constituencies as a result of the National Census Report violated the Liberian Constitution Article 80(c, d and e). 

Handing down the opinion on Wednesday, April 12, 2023, Chief Justice Sie- A- Nyene G. Youh said though the NEC has a duty under Article 80(e) to reapportion constituencies, the said duty is not self-executing, the duty to reapportion constituencies can only be executed based upon the preconditions that a National Census Report be concluded and submitted to the Legislature, that the Legislature creates the threshold; and then the NEC performs its duty to reapportion the constituencies pursuant to Article 80(e).

It states that, “immediately following a national census and before the next elections, the National Elections Commission shall reapportion the constituencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be solely within a county, and that each constituency shall have an approximately equal population of 20,000, or such number of citizens as the Legislature shall prescribe in keeping with population growth and movements as revealed by a national census; provided that the total number of electoral constituencies in the Republic shall not exceed one hundred.” 

Chief Justice said it is in precedent in this jurisdiction that in an "in re" proceeding, an adverse party is not formally designated or named and when that is done as in this case then same constitutes harmless error. 

She said that the mere fact that political parties, an alliance, a candidate or the NEC are mentioned in this matter does not ipso facto make same an election matter. 

“That in our jurisdiction, where a case does not commence at the NEC and the party adversely affected by a decision therefrom appeals to the Supreme Court said case does not constitute an election matter within the contemplation of the constitutional mandate that the Supreme Court hears and makes a determination on an election matter within seven (7) days,’’ she stated. 

The Chief Justice continued, “That the Constitution must be interpreted in light of the entire document rather than a sequestered pronouncement, that every provision is of equal importance and even where there is apparent discrepancy between different provisions, the Supreme Court should harmonize them if possible in the instant case, Article 80(d &e) are linked and inter- dependent on the other, and EPUE.”

Meanwhile, Madam Youh said that the NEC is not in violation of the constitution as regards to Article 80(d) &. (e). 

As of that, the court found no reason to disturb the ongoing voters' registration. She then dismissed said petition. 

It can be recalled that CPP filed a petition contending  that  the NEC in September 2022 published the electoral dates for the 2023 Presidential and Legislative Elections in which it announced plans to conduct Voters Registration without any indication to demarcate and reapportion constituencies, as required by Article 80 (e) of the 1986 Amended Liberia Constitution. 

Furthermore, the NEC refused to provide demarcation and reapportionment of constituencies in its schedule of activities which speak to the fact that it had no desire or intent to respect the mandate of the constitution and perform its constitutional duty.

They furthered that NEC to consider demarcation and reapportionment of constituencies prior to the voter’s registration results to blatant dereliction of its constitutional duty. 

They then challenged the constitutionality of the action of NEC nor the Legislature of the Republic has the authority to do any act in contravention of the Constitution and the constitutional mandate or to indulge in acts and activities having the tendency to supersede the Constitution. 

The action by the National Elections Commission to register voters when the Legislature has not set a threshold for the demarcation of electoral constituencies is not only a clear departure from the mandates of the Constitution but a clear violation of the above quoted provisions of the Constitution and therefore unconstitutional. 

Therefore, they (CPP) prayed to that the highest court comply NEC with the constitution to demarcate constituencies before voters’ registration and disregard the present registration,   which is unconstitutional, void and without any legal effect.