The Board of Commissioners of the National Elections Commission (NEC) has rejected the recently augmented Liberty Party Constitution filed by Senator Nyonblee Karnga-Lawrance.
The NEC Board of Commissioners in a letter dated July 21, 2022, says it will need proof of the prohibition proceeding referenced by Sen. Karnga-Lawrance in her July 11, 2022 communications before acting on her request.
The electoral body stated that the proof of proceedings is necessary because two days after it received Sen. Karnga-Lawrence's communication, it also received a letter under the signatures of Mr. Musa Bility and Mr. Martin Kollah stating that Justice Yuoh did not give any instruction regarding the referenced July 11, 2022 letter.
Therefore, the NEC asserts that proof referencing said prohibition proceedings at the Supreme Court which cites "commitment" made by both parties during said proceedings is necessary.
Excerpts of NEC's communication to Sen. Nyonblee Karnga-Lawrence:
Dear Hon. Karnga-Lawrence,
We present compliments on behalf of the National Elections Commission, and write in reference to your July 11, 2022 communication.
As you will recall, Honorable Senator, in responding to your previous requests to replace the Liberty Party's 2021 constitution with the 2015 constitution, the Board of Commissioners on January 10, 2022 repeated the information to partisans of the Liberty Party (LP) that the LP's 2021 notarized constitution - filed with the Commission on February 26, 2021- is presumed proper and remains as such until successfully challenged in keeping with due process or via amendment by the Party.
Subsequent to the Board's January 10th communication, the Commission received an assignment from the Honorable Supreme Court, citing the Commission to an April 29, 2022 conference in relation to the petition for a writ of prohibition filed by you and others in the case: In RE: Karnga-Lawrence et al v. Bility, Kollah and NEC. We note that the information contained in the Board's January 10th communication was a subject of that petition.
On June 29, 2022, the Commission received the Court's decision, in which the Justice in Chambers, Her Honor, Sie-A-Nyene G. Yuoh, declined to issue the writ prayed for. Hence, the Commission's information to the Party, concerning how the LP's 2021 notarized constitution may be challenged or amended by the Party, remains undisturbed.
Subsequent to the herein cited decision of the Supreme Court, the Commission on July 11, 2022 received the instant communication from you, attached to which were a convention report; a notarized constitution signed on July 11, 2022; and the Court's decision in the matter. In the referenced communication, you stated, among others, that "based on the acknowledgment and commitment of the both parties" to make corrections to the LP's 2021 constitution and resubmit same to the Commission, the "Justices" did not see the need to issue the writ.
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Two days after receipt of your July 11th communication, the Commission received a letter under the signatures of Mr. Musa Bility and Mr. Martin Kollah in which they stated that Justice Yuoh did not give any instruction regarding the referenced July 11, 2022 submission made to the Commission; and that they did not sanction the said July 11th submission.
The Commission observes that Justice Yuoh's decision, which the Court served on the Commission and is included as an exhibit in your July 11th communication, does not make any mention of an instruction or commitment by the parties regarding the July 11th submission. Without proof to the contrary, the Commission can only act within the confines of the decision the Honorable Supreme Court served on it, which states that Her Honor declined to issue the writ prayed for.
Because your July 11, 2022 communication follows the referenced prohibition proceedings at the Honorable Supreme Court and cites "commitment" reportedly made by the parties during the said proceedings at the Honorable Supreme Court, the Commission will need proof of same and its effect, if any, before it may act on the referenced July 11th submission to the Commission.
HON./ LLR. ERNESTINE MORGAN-AWAR
CC: Hon. Musa H. Bility
Hon. Martin S. Kollah
