As Tension Mars The Lead-up To 2023’s Elections: Supreme Court Faces First Test Of Election Case Today

The Supreme Court of Liberia will on today, Tuesday, April 4, 2023 begin hearing the merits and demerits in the case between the Collaborating Political Parties (CPP) and the National Elections Commission (NEC), which calls for the nullification of the on-going biometric voter registration (BVR) process.

   The case is the first of many anticipated election cases during the election process, and its outcome remains as important as the election results, as it is the first test in determining whether or not the 2023 general and presidential elections will be conducted in accordance with the law, in a peaceful and credible manner, or whether or not the country will backslide into its dark days of electoral violence due to dissatisfactions that may emanate from the adjudication of these cases.  

   The NEC began the first phase of the voter registration on March 20, 2023, beginning with six counties: Montserrado, Margibi, Bomi, Grand Cape Mount, Grand Bassa and Gbarpolu. This phase has approximately only six days to be completed as of now, with the NEC recently assuring that there would be no extension of the process.

   But three days before the NEC could jumpstart the BVR process, on Friday, March 17, 2023 the CPP declared that starting the voter registration exercise without the National Legislature reapportioning districts and counties, as required by law after the conduct of the National Housing and Population Census, is un-Constitutional and renders the entire BVR process null and void.

   Article 80e of the Constitution says, “Immediately following a national census and before the next elections, the Elections Commission shall reapportion the constituencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible, provided, however, that a constituency must be solely within a county.”

   Before the conduct of the recent census, Liberia’s population stood at 3.4 million (2008), and based on this population the country was apportioned into seventy-three (73) districts, with the population threshold at 46,000 per district. Now that the new census puts the population at 5.2 million, the CPP argues that the Constitution calls for a new population threshold and a re-demarcation of constituencies.

   This precedence took effect after the 2008 Housing and Population Census, with the National Legislature reapportioning districts and causing for a new population threshold for each district. Prior to the 2008 census, there were only sixty-four (64) electoral districts, and the population threshold for a constituency stood at 20,000 inhabitants.

   However, it appears like the NEC is running far ahead with its electoral activities amidst the National Legislature not playing its role, going contrarily to the dictates of the Constitution. For this the CPP has dragged them before the Supreme Court in order that the high court may interpret the law and bring the process back on course.

    The CPP has pointed out that the NEC has violated Article 80 subsection c, d, and e of the 1986 Constitution.

   According to Article 80c, d and e, “c. Every Liberian citizen shall have the right to be registered in a constituency, and to vote in public elections only in the constituency where registered, either in person or by absentee ballot; provided that such citizen shall have the right to change his voting constituency as may be prescribed by the Legislature.

   “d. Each constituency shall have an approximately equal population of 20,000, or such number of citizens as the legislature shall prescribe in keeping with population growth and movements as revealed by a national census; provided that the total number of electoral constituencies in the Republic shall not exceed one hundred.

   “e. Immediately following a national census and before the next election, the Elections Commission shall reapportion the constituencies in accordance with the new population figures so that every constituency shall have as close to the same population as possible; provided, however, that a constituency must be solely within a county.”

   The Supreme Court is now headed by Her Honor Sie-A-Nyene Yuoh as Chief Justice. She was recently appointed by President George M. Weah. Her Bench has three other Justices, who were appointed by President Weah: His Honor Joseph Nagbe, His Honor Yusif D. Kaba, and His Honor Yamie Quiqui Gbeisay.

   Critics of the Weah administration are terming the bench a pro-Weah administration bench, and if the court is to rule in favor of NEC, some may have reasons to believe that they did so to appease their appointor, even though he is without any authority to remove them.    On the other hand, should the Supreme Court rule that the action of the NEC is un-Constitutional, it will void and nullify the entire voter registration process as if it has not happened. This may cause the NEC to await the announcement of the entire census results, which is to be done in May, and then the demarcation of constituencies by the Legislature, before the conduct of the BVR process. This may likely change the election calendar and cause for the postponement of the election to another date, causing the country to run into Constitutional crisis and the need for an interim leadership.