MONROVIA, Montserrado – The Supreme Court of Liberia has issued a stay order on next week’s runoff presidential elections, amid a petition filed by Charles Brumskine’s Liberty Party.

The decision was taken by the full bench of the court on Tuesday following the return into the country of some members of the court’s bench, Chief Justice Francis Korkpor and Associate Justice Sie-A-Nyene Yuoh, who were on separate travels abroad. Korkpor and Yuoh were out of the country but rushed to the Temple of Justice directly from the airport upon their arrival on Tuesday.

The justices were seen locked up for long hours on Tuesday until late evening prior to their decision.

“You are commanded to instruct the respondents to stay any and all actions in respect to the pending run-off election scheduled for November 7, 2017, pending the disposition by the Supreme Court of the Petitioners Petition,” the writ issued by the court directed.

“You will further inform the parties that given the constitutional issues raised in the petition, coupled with the fact that election matters are to be expeditiously heard and determined, that upon service of this writ and returns thereto, the case is hereby docketed for the urgent disposition by the bench en banc.”

The court has also ordered the appearance of the National Elections Commission and members of its Board of Commissioners before its full bench on Thursday.

Liberty Party, which took a distant third place in the October 10 presidential election, petitioned the court for the decision after the party filed a complaint claiming that the October 10 presidential and representative elections were fraudulent and characterized by gross irregularities that violate the constitution and Elections laws.

The party described the results of the polls as ‘not valid’ based on evidence in its possession. According to Brumskine, the process did not pass the minimum standards required for free, fair, and transparent elections.

The National Elections Commission, in its final official results of the elections, declared no winner for the presidential race, as none of the 20 presidential candidates obtained more than 50 percent of the total votes as required by the constitution.

The Coalition for Democratic Change presidential candidate, George Weah, obtained 38.4 percent while Vice President Joseph Boakai of the ruling Unity Party obtained 28.8 percent of the total valid votes, thus qualifying them to participate in a run-off election on November 7.

According to the NEC, ballot papers for the runoff election arrived in the country from Slovenia through Roberts International Airport on Saturday.

With the Stay-order placed on the election, the Supreme Court will now hear the arguments of both the Liberty Party and National Elections Commission, and decide whether NEC should go ahead with the runoff election, or be required to re-run the October 10 election.

However, the days lost for the holding of the election as result of the stay order will be added to compensate for the delays.

While a presidential transition is expected to take place in less than three months, a re-run of the October 10 elections would make it unlikely for such transition, especially with the likelihood of a runoff presidential election.

The constitution and other laws in the country are silent on what actions to be taken in such situation. If a re-run were ordered, the situation would be the first in the country’s history.

With the stay order in place and given the potential for a re-run, there have been discussions on social media of the potential need for an interim government.

A lawyer and media trainer, Lamii Kpargoi, has disputed the prudence of an interim government being established, even with a re-run of the elections.

Kpargoi told The Bush Chicken that while the current president, vice president, and members of the House of Representatives would have no legitimacy, all members of the Senate would still have constitutional mandates – three more years for those who were elected in 2011 and six years for those elected in 2014.

Kpargoi said the senate pro tempore, who would be the legitimate highest-ranking official, would serve as acting president, and appoint his own cabinet members until the new elections are held.

If a re-run order affects the representative elections too, Kpargoi noted that “until the fresh elections are held, there would be no lawmaker in the House of Representatives.”

He said because the process of lawmaking calls for the concurrence of both houses of the legislature, the legislature generally would not make any laws until the new elections are held.

Because of this situation, the government would be allowed to use only 1/12 of the national budget, until both houses of the legislature are fully seated.

However, he said they Senate would carry out confirmation of appointed officials as the law provides.

Featured image courtesy of Flickr’s mjmkeating