The Supreme Court of Liberia has trashed out the writ of mandamus filed by the four Collaborating Political Parties (CPP): Liberty Party (LP), Unity Party (UP), Alternative National Congress (ANC) and All Liberian Party (ALP).
Reading the judgement of the Court on Thursday, October 29, 2020 in the bouquet hall of the Supreme Court, Her Honor Justice Jamestta Howard Wolokillie said, “Having reviewed the Petitioner’s petition and the respondent’s return thereto, heard the contentions raised in the briefs filed by the counsels for the respective parties and considered the relevant laws applicable to the issue raised, and pursuant to its Constitutional power of judicial review, the Supreme Court of the Republic of Liberia has jurisdiction in all cases, whether emanating from courts of record, courts not of record, administrative agencies, autonomous agencies or any other authority, both as to law and fact.
“That the Legislature shall make no law nor create any exception as would deprive the Supreme Court of any of the power granted to it under the Constitution.
“That the consistent with the foregoing, this court has jurisdiction to hear and determine these Mandamus proceedings against the Legislative and the Executive branches of government.”
She added that in the exercise of its jurisdiction, the Supreme Court or its Justice sitting in chambers may cite, command, summon, mandate, order or instruct party litigants to do or refrain from doing any act, including the issuance of the alternative writ of madamus directed to the Legislative and the Executive branches.
According to Justice Wolokillie, the writ of madamus will not lie against 1st respondent, NEC, as the National Elections Commission set the by-elections time within 90 days after receiving notification from the presiding officer of the House of Representatives as mandated by the Constitution.
The judgment also said that the 2nd respondent, the Presiding Officer of the House Representative, has already notified the NEC of the vacancies in the House of Representatives, occasioned by the death of Representatives J. Nagbe Sloh and Munah Pelham-Youngblood, before the filing of the petition for mandamus; as such, there was no duty left to be performed since the extraordinary writ of madamus issued was not intended to correct the late performance of an official duty.
The ruling said, “As to the 3rd respondent, there is no showing of any dereliction or non-performance of an official duty to warrant the issuance of the writ of madamus.”