By Garmah Lomoh|Contributor
The supreme court of Liberia says the National Elections Commission (NEC) grossly ‘erred’ to accord Margibi Senatorial aspirant Mulbah Jackollie a due process before banning him from participation in the senatorial election.
Recently the Supreme Court issued a writ of Mandamus through Chambers Justice Sie-A-Nyene G. Yuoh on October 9, 2020 that halted the publication of candidates listing and the subsequent halt of the campaign process by the NEC.
The Chambers Justice ruled last week against National Elections Commission saying the commission it was in a big error by not granting a senatorial aspirant from Margibi County Mulbah Jackollie due process of law.
The Court noted that it has been inundated in recent weeks with election matters in which aspirant Jackollie consistently raised the issue of NEC’s failure to accord them a hearing before rejecting their nominations.
Justice Yuoh maintained that the court must reiterate that due process form a basis for all NEC’s decision as it is an absolute necessity so that the NEC is not accused of contravening not only it’s own rules.
The election laws of Liberia as provided in the constitution spokes on the safeguard of the fundamental rights of Liberian as contained in Article 20(a) of the Constitution.
Article 20 states that “no person shall be deprived of life, liberty, security of the person property, privilege or any other right except as the outcome of a hearing judgement consistent with the provision laid down in this constitution and in accordance with due process of law”.
The Supreme Court Chambers Justice said although the NEC reserved the right to reject any candidate nominee submitted by a political party for any elective public office who is not qualified under the Constitution of Liberia.
According to her, the New Elections Law, or who does not meet the requirements of the NEC regulations and guidelines, the NEC can only do so if the NEC initiate its own Investigation to determine whether a candidate on the provisional list is qualified.
It can be recalled on October 5, 2020, senatorial aspirant Mulbah Jackollie through his legal counsel filed a twenty-three (23) counts petition before the chamber Justice Sie-A-Nyene G. Yuoh to issue a writ of Mandamus and said writ was issued.
While the respondent NEC, field a thirteen (13) Counts resistant requesting Chambers Justice to deny and dismiss their petition of aspirant Jackollie.
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