Associate Justice Cllr. Jamesetta Wolokollie served as keynote speaker during the opening ceremony of the Liberia Council of Churches 34th Annual General Assembly where she spoke on the topic: “Justice and Rule of Law- A Component To Free and Fair Elections,”
Justice Wolokollie maintained that the design of an appropriate electoral justice system is fundamental to democratic legitimacy as the credibility of electoral processes and electoral justice system must be seen to act effectively displaying independence and impartiality to promote justice, transparency, accessibility, inclusiveness, and equality.
She said the goal of an elections justice system aim to prevent Irregularity to ensure free and fair elections as it certifies that each action, procedure and decision relating to the electoral process complies with the legal framework protecting or restoring rights and give those who believe that their electoral rights have been violated the ability to file a challenge, have their case heard and receives a ruling.
Lack Of Trust in the Handling of Elections Complain
According to Article 83 C of the 1982 constitution of the Republic of Liberia: Any party or candidate who complains about the manner in which the elections were conducted or who challenges the results thereof shall have the right to file a complaint with the Elections Commission. Such complaint must be filed not later than seven days after the announcement of the results of the elections. The Elections Commission shall, within thirty days of receipt of the complaint, conduct an impartial investigation and render a decision which may involve a dismissal of the complaint or a nullification of the election of a candidate. Any political party or independent candidate affected by such decision shall not later than seven days appeal against it to the Supreme Court. The Elections Commission shall within seven days of receipt of the notice of appeal, forward all the records in the case to the Supreme Court, which not later than seven days thereafter, shall hear and make its determination.
Associate Justice Wolokollie is aware that many Liberians are unpleased with the authority giving to the National Election Commission (NEC) of Liberia to be the one to investigate complains coming form voters, political party and candidates of election personnel. The is lack of thrust in the determination and outcome of investigations by the NEC on grounds that the NEC cannot be a referee and a player at the same time.
She stated that these unconclusive investigations which are on most instances taken to the supreme court for appeal sometimes overwhelms the court due to the limited time for these trials, with only five (5) justices on the bench of the supreme quote, fears the likelihood that the nation may fall into constitutional crisis due to the many elections appeals to be resolved within a period of only seven (7) days.
Citizens and the Rule of Law
Justice Wolokollie emphasized that the rule of law functions when most of the citizens of a nation agree that it is important to observe the law even when law enforcement agents are not around to enforce.
She stated “Our agreement as citizen to obey the law and maintain our social order is sometimes describe as an essential part of our social contract. A respect for the rule of law will triggered the decrease in the number of electoral disputes brought for resolution.”
She encourage citizens to abide by the elections law, and those who feels there is problem, should contest it as she believes the time for doing so is now.
Those vying for political seats and interested citizens can now scrutinize the election regulations and see how credible it is and how feasible for implementation and place a contest to the NEC.
