Monrovia — Late last week, the Supreme Court of Liberia granted the application by Musa Bility, disputed Chairman of the opposition Liberty Party, who had requested the nation's highest court to grant his request for the issuance of a Writ of Certiorari against the National Elections Commission (NEC) for the manner and form in which the electoral body was handling the dispute between Bility and others versus Nyonblee Karnga and Emmanuel Azango relating to the contest over the amended constitution of the Liberty Party.
After a long period of legal review of the petition for the issuance of a Writ of Certiorari, the Supreme Court granted the request and issued a Writ Certiorari mandating the NEC to resume jurisdiction over the matter and proceed in keeping with the law.
Both the Bility and Nyonblee camps have issued separate statements in relation to the mandate of the Supreme Court, but many now think the mandate of the Supreme Court has shifted the coins in favor of one of the parties.
On the contrary, a Certiorari is normally a remedial process in which one of the parties to an ongoing case petition the Supreme Court to correct the errors of a Judge or an administrative agency presiding over a matter.
The legal province of Certiorari does not bring the matter under contest to finality. The full bench of the Supreme Court passed on two cardinal issues, including, "whether or not the submission of the amended Liberty Party (LP) constitution to NEC was done properly: The Supreme Court affirmed that the submission of the LP constitution by the LP National Chairman and Secretary General (SG) was done properly and whether or not the NEC has the authority to validate/invalidate the LP constitution to which question that Court held that the authority to declare any document valid/invalid or to declare rights is strictly within the purview of the judiciary and must be adjudicated by a competent Court of jurisdiction. The NEC doesn't have such authority. With the ruling of the Supreme Court, the NEC now has the legal authority to resume jurisdiction over the matter and give effect to the ruling of the Supreme Court in handling the dispute as this does not uprightly bring the case to finality.
The two sides are interpreting the Supreme Court's decision on the Writ of Certiorari differently with the Bility camp in a statement indicating that the wrangling within the Liberty Party is now over based on the Supreme Court's ruling, while the Karnga Lawrance camp says it will not abandon the legal battle.
Legal Matter Ended, says Bility's camp
In a statement issued in the aftermath of the Supreme Court's ruling, the Musa Bility camp stated, "This Supreme Court ruling brings to an end the legal matter that has created a divide within the LP with some members taking sides on both aisles of the argument while some remained neutral, as is their right. Now that this is over, the LP will now put all efforts into reconciling its members and charting the way forward. Towards this objective, the LP urges all members, both home and abroad, to refrain from making public statements and holding events, in the name of LP, without the authorization of the National Executive Committee, as this would not only be illegal but would only serve to further the divide and render reconciliation futile".
While the statement from the Musa Bility's camp seems reconciliatory and could help the Liberty Party start the process of putting its house in order for the impeding election, it is not the actual legal interpretation of the Supreme Court's ruling on the Writ of Certiorari.
The matter had not gone to the Supreme Court on appeal but rather a remedial process and a remedial process such as Certiorari does not bring a legal dispute to finality as it only corrects some of the cardinal errors committed by the presiding judge or the administrative agency.
In the instant case, the Supreme Court had corrected two of the cardinal errors committed by NEC in the ongoing LP saga.The two parties will now return to NEC for the Commission to give effect to the Supreme Court's ruling by making use of the holding of the Supreme Court on the two legal questions answered by the high Court in granting the Bility petition.
As NEC is yet to resume jurisdiction and give effect to the Supreme Court's ruling, the electoral body cannot declare any of the parties as legitimate until and unless there is a final ruling from the Supreme Court on the matter on appeal.
Although the Supreme Court had held that the submission of the amended Liberty Party constitution was done legally but there are factual issues which are yet to be addressed, including whether the processes leading to the amended constitution was done in line with the constitution of the party and it is these factual issues which NEC now needs to resume jurisdiction and allow the parties to prove their respective sides of the case.
The legal authority of Musa Bility and Martin Kollah to submit the amended constitution of Liberty Party to NEC is a matter of law, while the challenge against the legality of the amended constitution itself is a matter of fact, which needs to be proven before NEC, allowing either of the parties to appeal the final decision from NEC to the Supreme Court.
In its ruling on the petition for issuance of the Writ of Certiorari, the Supreme Court had clearly addressed the issue of law raised by Bility in his petition leaving the factual issue with NEC to hear and make a final determination as the Supreme Court does not take evidence.
Not abandoning legal battle, says Nyonblee's Camp
In its counter statement, the Nyonblee Lawrence camp clearly indicated that they are not abandoning the ongoing legal battle. Addressing a press conference Saturday in the port city of Buchanan, Grand Bassa County, the statement quotes Senator Lawrence as promising not to abandon the legal battle, adding that the party's next legal action will be announced on Tuesday. However, Senator Kanga-Lawrence announced that despite the situation and the Supreme Court ruling, the LP is ready to get up and get energized and position itself to collaborate with the political institution that would make the decisions that are in line with the values and beliefs that they continue to stand for and redeem Liberia.
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"We remain the influencer in the 2023 general and presidential elections, in few days, we will roll up ourselves and use our political capital and all resources available to us to decide who the next president to rescue this country becomes", the statement indicated.
Liberty Party imbroglio not over yet
With less than seven months to the conduct of legislative and presidential elections, the Liberty party infighting seems far from over as it is not yet known when NEC will take evidence, address the factual issues and come out with a final ruling on the matter.
After addressing the legal question indicating that Musa BIlity and Martin Kollah have the legal authority as per their positions within the Liberty Party to submit an amended constitution of the party to the NEC, the Nyonblee's camp could now be defending that the processes leading to amending the party constitution was illegal, which is a factual issue and requires taking of testimonies of witnesses to verify the legality of the process leading to the amended constitution.
What the Supreme Court had not said is that the amended Liberty Party constitution is legal but rather that the individuals who presented the amended constitution to NEC have the legal authority to do so and NEC cannot invalidate that submission.
In law, having the authority to submit does not automatically mean what you have submitted is correct and legal. Whatever will be the aftermath of NEC's decision, the impasse within the Liberty party seems very far from over and the ensuing seven to eight months could see the party still fighting to make significant impact amid the ongoing legal battle within the party.
