MONROVIA – The Assigned Justice in Chambers of the Supreme Court of Liberia, Yussif D. Kaba, has ruled and granted the peremptory writ of certiorari for the clerk of court to send a mandate to the NEC to resume jurisdiction over the Liberty Party constitution case and proceed to enforce this ruling.
The SC ruling was based on what the nation’s highest court considered error of law committed by judicial or quasi-judicial tribunals which are not otherwise reviewable by a court, especially citing 14 AM JUR 2d. Certiorari, at 799. Farrel/ Denco shipping et al v. Williams et al. 35 LLR page 476 (1988).
According to the Supreme Court January 17, 2023 document in the possession of this paper, considering that the NEC lacks jurisdiction over the subject matter of the co-respondents’ complaint insofar as the declaration of the validity of the January 2021 Constitution is concerned; considering that the issue concerning the withdrawal of the Liberty Part’s 2021 Constitution filed with the NEC was finally decided by the Board of Commission however not appealed; and considering that there are pending petitions for declaratory judgments between the parties in the Six Judicial Circuit for Montserrado County, it is the Supreme Court’s holding that the NEC erred when it denied and dismissed the petitioners’ motion to dismiss the co-respondents’ complaint filed before it.
It can be recalled that Liberty Party Chairman Hassan Bility recently filed a lawsuit and a writ against the NEC because the commission decided to reverse a previous decision authorizing the LP’s convention.
The NEC had denied the consolidated motions to dismiss the judicial review as prayed for by lawyers representing Mr. Bility in the inter-party conflict of the Liberty Party.
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