In PUL Controversial Election: Prohibition Filed to Supreme Court

Elections

In PUL Controversial Election: Prohibition Filed to Supreme Court

–Team Kanubah Wants Coffey Leadership Turns over Power to Neutral Body following Expiration of Tenure

The campaign team of Julius K. Kanubah for the Press Union of Liberia (PUL) Presidency, headed by Mr. Raymond Zarbay, Edwin Clarke, Weemon Jallahcole, Titus Tokpah, Romeo Togba, Festus Poquie and Beatrice Sieh all of the city of Monrovia on Monday filed a petition for a Writ of Prohibition to Supreme Court of Liberia against the outgoing leadership of Charles Coffey, Judge Boima Kontoe Resident Circuit Judge, Ninth Judicial Circuit Court, Atty. Ade Wede Kerkulah, Fabine Kwiah, Eddie Harmon, Cllr. Bobby Livingston,  Atty. Al-Varney Rogers, Musa M.B. Kanneh, Daniel Nyakonah, Caroline Myers-Zodua all of the City of Monrovia.

The petitioners in the above entitled cause of most respectfully pray unto the High Court for the issuance of the Writ of Prohibition against the within named respondents for the following, that petition provides that prohibition is a special proceeding to obtain a writ ordering the respondent to refrain from  further perusing a civil procedure law of Liberia.

      

The legal documents filed to the Supreme Court by Team Kanubah

It also states that on November 18, 2022 they filed a petition for declaratory judgement along with a motion for preliminary injunction before the Ninth Judicial Circuit Court for Bong County, praying the court to prohibit, restrain and enjoin the 2nd respondents from conducting and participating in any election on behalf of the Press Union of Liberia until the final determination of the matter at bar, and to further order the respondents to turn over power after the expiration of their administration to a neutral body to take the Press union of Liberia to election within two weeks.

That to their dismay 1st respondents vacated their injunction without a notice to them and without having a hearing of the motion for preliminary injunction and has failed and refused to serve the petitioners copies of the respondents returns to their petition for declaratory judgement, along with their motion to vacate the injunction up to and including the filing of this petitioners petition.

The petitioners also state that the act of the 1st respondent violates their constitutional rights as provided for under article 11(c) which provides that “All person are equal before the law and are therefore entitled to the equal protection of the law.” Also article 20 provides that no person shall be deprived of life, liberty, security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this constitution and in accordance with due process of law.

Justice shall be done without sale, denial or delay, hence petitioners pray your Honor to set aside the 1st respondents decision to setting aside petitioners petition.

They also said in count five of their petition that Article 10 section seven of the by-laws and constitution of the Press Union of Liberia provides that whenever the Union is holding elections, the Election Committee shall dis-aggregate the voters Rolls and publish it in not less than two local newspaper (dailies) and not later than 30 days before congress. These mandatory provisions of the Press Union Constitution were ignored, set aside and totally disregarded, moreover, 2nd respondents elected to recruit Criminals, MCC Workers, students, Cub Reporters as well as non-Journalists and flooded  the voters’ Roll.

Consequently, petitioners called for the cleaning but the respondents for the cleaning up of the fraudulent Voters’ Roll have failed, refused and neglected to do so even in the face of an injunction which is a clear violation of the petitioners rights to free and fair election, hence petitioners filed, this petition for a writ for prohibition to prohibit and restrain respondents from proceeding by the wrong rule contrary to law.

That prohibition is a special proceeding to obtain a writ may be issued to undo what has not been done legally, petitioners further state that this petition has been filed in good faith and not merely for the purpose of delay and to baffle justice. By Taisiah K. Merfee  

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