Amidst the political impasse following the Supreme Court’s injunction on the runoff, Associate Justice Sie-A-Nyene G. Yuoh has vowed that the nation's highest court will not dictate to the National Elections Commission (NEC) in its ongoing investigation of the opposition Liberty Party's (LP) claim of alleged irregularities and frauds in the conduct of the October 10, 2017 Presidential and Legislative Elections.
Justice Yuoh averred that the Supreme Court's only role in dispensing justice is that which is being authorized under the Constitution of Liberia. She indicated that under the laws, the Supreme Court only received appeals from aggrieved parties in a case.
She noted that as the high court recognizes the right of every aggrieved person for an appeal, it equally doesn’t go around in search of cases.
Associate Justice Sie-A-Nyene G. Yuoh pointed out that the Supreme Court doesn’t have the constitutional mandate to interfere in the National Elections Commission’s legal authorities to probe complaints of electoral irregularities and fraud related issues, but is only legally fit to intervene in matters taken before it by parties that are dissatisfied as with the issues of the National Elections Commission.
Speaking on Monday, November 13, 2017, at the 13th Judicial Circuit Court formal opening of the November Term in Kakata, Margibi County, Justice Yuoh clarified that in the recent Liberty Party case which has since been deposed, the party only requested the Supreme Court for a Writ of Prohibition to order NEC to halt all activities of the runoff election until the Commission probes its claims of alleged irregularities and frauds.
She reminded the people of Liberia that the Court has never received any formal complaint from the Liberty Party over alleged irregularities and frauds, but could only intervene in the matter if a side feels dissatisfied and sees it prudent to file an appeal.
Defending the highest court's decision to grant the Liberty Party the writ of prohibition against NEC, the Associate Justice said it was not expedient and lawful for the Commission to be carrying out electioneering activities while the process is being protested.
She emphasized that such action on the part of the Elections Commission defeats the true purpose of due process.
Additionally, Justice Yuoh promised that the Judiciary in Liberia will never disallowed due process, vowing that the Supreme Court will always stand on the side of due process, especially the law that says all persons in the Republic shall have the right to be accorded with due process without fear and favor.
She disclosed that the Supreme Court dispensed justice, in the case Liberty Party versus the National Elections Commission, in accordance with Article 20 of the Liberian Constitution, which authorizes the Supreme Court is to interpret and to do.