The Board of Commissioners of the National Elections Commission (NEC) on Tuesday October 20, upheld the ruling of its hearing officer giving former Defence Minister J. Brownie Samukai a green light to contest in the upcoming December 8 midterm senatorial election.
The unanimous ruling of the NEC BoC confirmed and affirmed the acceptance letter issued to the Mr. Samukai of the Collaborating Political Parties (CPP) to contest the in Lofa County as a CPP candidate.
All seven members of the Board of Commissioners (BOC), Chairperson Davidetta Browne Lansanah, Co-chairperson Cllr. P. Teplah Reeves, Commissioners Boakai A. Dukuly, Cllr. Ernestine Morgan Awar, Floyd Oxley Sayor, Barsee Leo Kpangbai and Josephine Kou Gaye heard the case and signed the ruling.
The case grew out of an appeal action for Preliminary Injunction filed by KorvahJorgbor et al of the City of Monrovia as Objectors versus Brownie J. Samukai, first respondent and the Collaborating Political Party, CPP, Intervener-Respondent.
Reading the ruling of the BOC of NEC Tuesday 20 October 2020 following arguments by the two parties, the Co-chairperson of NEC Cllr. P. Teeplah Reeves said “the acceptance letter of Co-Appellee Brownie J. Samukai of the Collaborating Political Parties, qualifying him and placing his name on the listing of qualified aspirants/candidates to contest the 8 December 2020 Special Senatorial Election in Lofa County is hereby confirmed and affirmed.
Co-chairperson Cllr. Reeves said in addition to the Board’s ruling, Section 24.6 of the Criminal Procedure law states that the taking of an appeal shall stay the enforcement of the judgement, sentence or order from which the appeal is taken and arrest all further proceedings pending decision on the appeal.
The NEC Co-chairperson cites in this case the interpretation of the Supreme Court in Article 20 (b0 of the Liberian Constitution that on “announcement of an appeal, no execution shall issue on a judgement, nor shall any proceeding be taken for its enforcement until final judgement is rendered.