The Economic Community of African States (ECOWAS) Parliament demand that Political Parties play a proactive role in the use of the judiciary before, during, and after elections.
The aforementioned recommendation was made by former Liberian Minister of Justice, Councilor Benedict F. Sannoh during his presentation at the ECOWAS de-localized meeting in Monrovia, on the role of the judiciary in the management of electoral crisis at the Liberian Ministerial complex on the 27th of July, 2023.
In his presentation, Councilor Sannolh urged political parties to collaborate in raising issues that require judicial determination: He also recommended the monitoring of every statutory, regulatory, and administrative action taken by the elections commission, the legislature, or institutions within the Executive Branch of the Government leading to the conduct
of elections with the view to engage in süstained advocacy. He added that if advocacy fails to achieve the desired results, recourse to Court can be taken with the view to determining the extent to which the challenged action is consistent with the Constitution and the elections Laws. He said that Supreme Court Opinions on Elections should be widely published to enhance the preventive value of the opinions in furtherance of avoiding electoral disputes. He also recommended that an independent quasi-administrative judicial body be established to conduct investigations of electoral disputes involving the conduct of the National Elections Commission immediately prior to, during, and after including the counting of
votes and announcement of results came to therefore.
He referenced Liberian law and practice where the Supreme Court exercises appellate jurisdiction over all disputes arising during the course of these processes Irom the Board of Commissioners of the National Electoral Commission (NEC).
“Election laws set time frames for the adjudication of electoral disputes by the Supreme Court, and the Court has operated within these time frames,” he said.
Sannoh mentioned areas of concern which he said remain the call for the establishment of an independent quasi-administrative judicial body to conduct investigations of electoral disputes involving the conduct of the National Elections Commission instead of Hearing Officers who themselves are employees of the Elections Commission.
He said the cases normally coming to the Supreme Court have invariably been issues of allegations of fraud and irregularities in the conduct of the elections and allegations of violations of the Constitution, election Laws and the
Rules and Regulations governing the conduct of elections. He further said that the Supreme Court should be keen on the question of adherence to fundamental rights articulated in the Constitution, especially on the question of no one being deprived of liberty, proper, privilege, or any other right.
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