Ridiculous- UP Terms NEC’s Ruling


Unity Party lead lawyer Cllr. Varney Sherman has described as erroneous the ruling of the National Election Commission (NEC) and has announced an appeal to the Supreme Court seeking reversal of the judgment.
“We said in our case do a rerun and if you will not do a rerun order a runoff, take some corrective measures and to that extend at least the Chief Dispute Hearing Officer Muana S. Ville agreed with us. The Board of Commissioners did not even cover it. So, for us that was ridiculous and erroneous ruling on the part of the board and as such we are filing an appeal with the high court seeking reversal of NEC’s judgment,” Cllr. Sherman said.
It can be recalled that on Friday, November 24, 2017, the Board of Commissioners handed down a ruling against the Unity Party and Liberty Party (appellants) who had sought the board intervention thru an appeal to reverse the Chief Dispute Hearing officer judgment against them.
Commissioner Davidetta Brown Lassana handling down the ruling on behalf of her colleagues denied and dismissed all of the counts in the both parties’ complaints and upheld the judgment emanating from Chief Dispute Hearing officer of NEC.
Madam Lassana said the Supreme Court has held that it is only evidence that enables a court, tribunal and administrative forum to pronounce with certainty the matter in dispute and no matter how logical a complaint might be stated it cannot be taken as proof without evidence. It is required that every party alleging the existence of a fact is bound to proof it by evidence.
Countering the parties (LP & UP) allegation that serial number was placed on the ballot papers used during 2005 & 2011 elections but the Commission intending to cheat did not put such security feature on the 2017 ballot papers, the commissioner said Section 4.71 of the new election law states that ballot papers shall be in the form to be prescribed by the NEC who shall arrange to print and issue them for the polls.
According to her, the record showed that there were serial number on the 2017 ballot papers and as such the hearing officer did not err in ruling against the both parties on this count.
Writes P. Nas Mulbah