Bong County Representative Aspirant James K. Saybay has issued a petition for a Writ of Mandamus through his lawyer J. Laveli Supuwood to the Supreme Court to compel National Election Commission (NEC) to perform its constitutional duty.
Aspirant Saybay lawyer, Supuwood pray to the Court to grant their petition and mandating NEC to cause a by-election to be held in District #2, Bong County, Republic of Liberia.
Cllr. Supuwood pleaded before Justice Nagbe that the Court should grant them such other relief as the Honorable Court may deem just and equitable.
He said his client Aspirant Saybay and the citizens of District #2 of Bong County have the right to participate freely in the democratic political process of the Republic and be represented in the national House of Representatives.
Cllr. Supuwood urged that NEC is under a legal obligation to ensure the citizens of District #2 Bong County freely exercise their rights.
Cllr. Supuwood explained that during the 2020 senatorial elections, senator Prince Moye who served as a member of the House of Representatives from that District won the senatorial election and is now serving as a member of the Liberian Senate, thereby creating a vacancy in the House of Representatives.
Aspirant Saybay’s lawyer said the NEC should have conducted a by-election within ninety days after the declaration of the vacancy by the presiding officer of the House of Representatives.
Cllr. Supuwood narrated that from December 8, 2020, when the midterm senatorial elections were held to the filing of the petition, that is May 31, 2021, about the 120 days allowed by law, yet there is no showing of any evidence of attempts to conduct the necessary by-election.
Cllr Supuwood in the petition said the NEC failure to timely conduct by-election in District #2, Bong County, is in violation of Article 37, of the constitution which states that:
“In the event of a vacancy in the Legislature caused by death, resignation, expulsion or otherwise, the presiding officer shall within 30 days notify the Elections Commission thereof. The Election Commission shall not later than 90 days thereafter cause a by-election to hold”
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