MONROVIA, LIBERIA – The Lead Lawyer of the four Collaborating Political Parties (CPP), Cllr. Benedict Sarnoh said the election is a process that must be accorded within the confines of the Law, maintaining that NEC violated the Constitution of Liberia.
Cllr. Sarnoh in his legal argument Monday told the Supreme Court, that Article 37 of the Constitution is mandatory and must be enforced by the Legislature.
Article 37 states “In the event of a vacancy in the Legislature caused by death, resignation, expulsion, the Presiding Officer must within 30 days notify the Elections Commission”.
The Commission shall not later than 90 days thereafter caused a by-election, provided said vacancy occurs within 90 days.
Cllr. Sarnoh maintained that both days have elapsed and as such NEC was in error to have reversed the date of the election to December, stressing that a writ of Mandamus will lie in the event.
But NEC lawyer Cllr. Wilkins Wright defending his client saying that NEC is not in error, noting that for NEC to trigger with the 90 days, it must be notified by the Legislature, and stress its work is done by law, therefore he strongly disagrees.
Representing the Ministry of Justice, Solicitor General Serenus Sephus, outrightly told the court, that the writ of Mandamus field by the CPP is naked, and that government acted within the time frame.
Cllr. Sephus said the writ was hastily filed and asked the court to dismiss and deny until the proper writ is filed before the court.
The CPP’s lawyers’ new petition for a writ of Mandamus comes after Justice Youh declined to grant their previous application to the seeking for a similar writ.
Meanwhile, the Supreme Court has reserved ruling into CPP’s New Application to the Court following Monday’s legal argument at the Temple of Justice consistent with the law.