The Board of Commissioners of the National Elections Commission (NEC) has confirmed and reaffirmed the Board’s declaration of Frank Saah Foko as the winner of the December 8, 2021 electoral district #9, Montserrado County, representative by-election.
The unanimous ruling of the Board of NEC was read on Tuesday, February 9, 2021 by Chairperson Davidetta Browne Lansanah.
However, lawyers representing the complainant, Fubbi F. Henries, of the Collaborating Political Parties (CPP), led by Cllr. Merfee Kanneh, have accepted the ruling but announced an appeal to the Supreme Court.
In the ruling of the Board of NEC, read by Davidetta Browne Lansanah said the complaint of appellant Fubi Henries was based on inadmissible hearsay, and that the complaint by the CPP, through it Secretary General Aloysius Toe, was not signed by him, Toe, but an unknown person.
The head of the administrative hearing said the Board considers several factors: whether the appellant established that irregularity or fraud occurred during the election, and whether same was of a magnitude to change the outcome of the December 8, 2020 election.
Chairperson Browne Lansanah said the complainant, Fubbie Henries, failed to establish that irregularity and fraud occurred during the representative by-election on December 8, 2020, and that such could change the outcome of the election.
The Board cited several opinions from the Supreme Court, including the case Sando Johnson versus NEC, decided December 2005, Brumskine et al versus NEC, decided 21 December 2017, and Fayd versus Dennie, 39 LLR 587, decided 1999.