The Supreme Court is expected today to hand down its ruling in all of the cases related to the just-held senatorial elections, including the one against the chairman of the ruling Unity Party, Cllr. Varney Sherman.
The cases—motion to dismiss, irregularities and bill of information— were filed before the court by a handful of defeated candidates against senators-elect in Grand Cape Mount County, Margibi and Bomi Counties.
They include a petition filed by Bomi defeated candidate Lahai Lansanah against Senator-elect Morris Saytumah, Fodee Kromah against Grand Cape Mount Senator-elect Cllr. Varney Sherman and Ansu Sonii and Saah Gbollie against Margibi Senator-elect Jim Tornonlah.
During legal arguments, Cllr. Yarmie Gbesay, representing Margibi County defeated candidate Sonii, told the court that the certification done by the National Elections Commission (NEC) violated the Constitution on grounds that there was a complaint already before the NEC that it did not address.
Cllr. Gbeisay: “We believe that once there is an objection to an alleged winner’s certification, the NEC is under a duty to investigate, but the NEC has gone beyond their powers by certificating disputed candidates.”
“The commission’s certification shows that they affirmed and confirmed the result of its magisterial officers in the counties. The disputed candidates were not to be taking their seat because there was a writ issued against them by the Chamber Justice Philip Banks,” he added.
But NEC’s lawyer, Joseph Blidi, argued that the Commission violated no constitutional provision, referencing that winners in elections could be done while there was a complaint before the Commission.
Also, Grand Cape Mount defeated candidate Dr. Kromah has withdrawn his petition for a writ at the Supreme Court against Cllr. Sherman.
Cllr. Sherman, chairman of the ruling Unity Party (UP) was announced winner by the NEC in the December 2014 Senatorial election held in the country, but has yet to take his seat in the Senate over the case at the high court.
In spite a landslide victory, Dr. Kromah claimed that the polls were marred by fraud and irregularities.
The end of the case will follow almost two months of legal wrangling before the Supreme Court in which Sherman’s lawyers prayed the court to dismiss Dr. Kromah’s petition because he filed it as a person, not the Congress for Democratic Change (CDC), the institution he represented.
With today’s ruling, the court will either order NEC to certificate the three Senators-elect or revoke the order the elections null and void. Moreover, the certificate of Maryland Senator-elect Gbleh-bo Brown could also be revoked.
A bill of exception was filed against seated Senator Brown by defeated Maryland candidate, Representative Bhofal Chambers, who accused NEC of gross irregularities during the conduct of the southeastern county polls.
The legal counsels of Dr. Chambers are calling for the court to reverse the ruling of the magistrate, on grounds that they were never cited for an investigation as presented to the court by the Commission.