Monrovia, July 30, 2024– The Monrovia City Court, led by Stipendiary Magistrate Ben Barco, has issued a writ of subpoena duces tecum to Madam Davidetta Brown-Lansanah, Chairperson of the National Elections Commission (NEC).
This action follows a petition filed by the Office of the Ombudsman, represented by its Chairperson Cllr. Finley Y. Karngar.
The court order requires Madam Brown-Lansanah to appear and produce a comprehensive list of all current officials of registered political parties in Liberia.
This directive must be executed at the NEC’s head office on 9th Street in Sinkor, Monrovia.
Authorized on July 29, 2024, by Magistrate Barco and documented by Clerk of Court Daniel Y. McGill, the subpoena mandates an official return detailing the manner of service upon compliance.
This legal development underscores the ongoing scrutiny and regulatory oversight of electoral bodies in Liberia, highlighting the critical importance of transparency and accountability in the country’s democratic processes.
The outcome could significantly impact the administrative operations of political parties and the integrity of the electoral system.
Judge Barco ordered was triggered by a communication written by the Office of the Ombudsman.
Their communication to the Monrovia City Court Judge, the Ombudsman alleged that they wrote the National Elections Commission formally requesting a subpoena duces tecum against Madam Davidetta Brown-Lansanah, Chairperson of the NEC.
A subpoena duces tecum is a legal order requiring an individual or entity to produce documents, records, or other tangible evidence relevant to a case.
Unlike a standard subpoena, which might only mandate a person’s appearance in court, a subpoena duces tecum specifically demands that the recipient bring specified items or records to the court or to a deposition.
The purpose is to ensure that relevant evidence is made available for review during legal proceedings.
This request, outlined in a letter from Ombudsman Chairperson Finley Y. Karngar, follows NEC’s alleged failure to provide crucial information.
The Ombudsman’s petition, dated July 29, 2024, details that a formal request for a current list of all officials of registered political parties was initially made on July 11, 2024. Despite follow-up calls and emails, the NEC has not complied.
Citing Section 12.3(c) of the Code of Conduct 2014, the Ombudsman Office asserts the right to seek court intervention if necessary.
The section grants the Ombudsman the authority to obtain information essential for its duties and allows the court to enforce compliance.
In addition to ordering Madam Brown-Lansanah to produce the requested list within four business days, the Ombudsman Office is also requesting a US$100 fine for non-compliance.
This fine is to be deposited into the Central Revenue Account of the Government of Liberia.
The court’s decision on this matter will be closely watched, as it may have significant implications for the oversight and transparency of political party operations in Liberia, reinforcing the Ombudsman’s role in ensuring accountability within the electoral system.
Further updates will follow as the court reviews the application.
