By Lincoln G. Peters
Liberia’s Supreme Court has cleared the National Elections Commission (NEC) of allegations that it has violated the Elections Law by registering over 3,000 voters at some precincts.
The main opposition Unity Party (UP) filed the case lamenting that 93 precincts within nine counties contained more than three thousand voters in a precinct.
The UP said this could create precinct overcrowding, and long queues that might discourage people from voting.
The opposition party also stated that the NEC’s action was in violation of the Elections Law.
But the Supreme Court has denied the UP request to ensure that the NEC adheres to the new elections law of Liberia, ruling that the Electoral House did not violate Section 4.1(2) of the New Elections Law as claimed by the party.
“It is the holding of the Supreme Court that NEC did not violate Section 4.1(2) of the New Elections Law as claimed by the Unity Party,” the Supreme Court ruled.
Approved in September 2014 and printed in December 2014, Chapter 4 of the amended New Elections titled “ Conduct of Elections” says the number of voters in every precinct shall be approximately equal.
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It continues that “… unless the Commission in any particular case so determines, the number of registered voters in any precinct shall not exceed three thousand (3000).”
Reading the high court’s position on the matter on 5 October 2023, Associate Justice Yusiff Kaba noted that the election governing body violated no laws by exceeding the three thousand.
Justice Kaba noted that the wordings of Chapter 4, Section 4.1(2) of the New Elections Law is unambiguous as to the intent of the Legislature.
He said the law states that in instances of difficulties, the NEC is to effect the restricted figure of three thousand voters to a voting precinct, and to avoid voters being deprived of their rights to exercise their franchise.
The Clerk of the court has been ordered to send a mandate to the NEC to give effect to the judgment.
