LAP Filed Complaint Against Candidates Charles Brumskine, George Weah, Ellen Johnson-Sirleaf, Togba-Nah Tipoteh, Winston Tubman, et al
The Perspective
Atlanta, Georgia
June 20, 2005
Editor's Note: When The Perspective published its interview with the National Elections Commission Chairman Frances Johnson-Morris, in which she stated that the campaign period for the October 2005 elections would last for four to six weeks, many thought that the Liberian presidential candidates would unite to challenge the position. But they went their separate ways, while the National Elections Commission (NEC) pushed the guidelines through the Assembly. On June 8, 2005, the NEC ruled against the Liberia Action Party (LAP) and its candidate. Now the LAP is crying foul that they are being specifically targeted for doing business as usual. Did the LAP do anything different from the other candidates? See LAP's Complaint published below:
Republic of Liberia) Before the National Elections Commission
of the Republic Montserrado Co. )
of Liberia Sitting in Monrovia, Montserrado County, R.L.
Before the Honorable: Francis Johnson-Morris - Chairman
“ “ “ James Fromoyan - Co-Chairman
“ “ “ James Chelley - Member
“ “ “ Elizabeth Boyenneh - Member
“ “ “ Karmo Soko Sackor - Member
“ “ “ Mary N. Brownell - Member
“ “ “ Jonathan Weedor - Member
Liberia Action Party (LAP), by and through
Its National Chairman, D. Sheba Brown and
Its National Vice Chairman, Sei Wonkemie
Gahn of the City of Monrovia, Liberia ……….Complainant)
)
Versus )
)
Cllr. Charles Walker Brumskine and his )
United Democratic Party (UDP), by and through )
Its Authorized Officials, and his Friends of )
Brumskine, Inc, by and through its )
Officials of Monrovia, Liberia …………......1st Respondents)
)
and )
) In Re: Violation of Various
Mr. George Oppong Weah and his ) Sections of the Guidelines
Congress for Democratic Change (UDC), by and ) Relating to Registration of
Through its Authorized Official of ) Political Parties and
Monrovia, Liberia .…………………….…..2nd Respondents) Independent Candidates
)
and )
)
Mrs. Ellen Johnson-Sirleaf and her )
Unity Party (UP), by and through its )
Authorized Officials of Monrovia, )
Liberia ………………………….…………. 3rd Respondents)
)
and )
)
Cllr. Winston Tubman and his National )
Democratic Party of Liberia (NDPL), by )
And through its Authorized Officials of )
Monrovia, Liberia ………………………... 4th Respondents)
)
and )
)
Mr. M. Nathaniel Barnes )
Of Monrovia, Liberia ……………………. 5th Respondent)
)
and )
)
Cllr. Marcus R. Jones )
Of Monrovia, Liberia …………………… 6th Respondent)
)
and )
)
Dr. Togbah Nah Tipoteh and his )
Liberia People’s Party (LPP) by and )
Through its Authorized Officials )
Of Monrovia, Liberia ……………………… 7th Respondent)
STATEMENT OF COMPLAINT
AND NOW COMES Liberia Action Party (LAP) and complains of the above-named Respondents in manner and form, as follows:
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2. That 1st Respondents have a website, www.charlesbrumskine.org, which, pursuant to the aforesaid Ruling of 8th June, 2005, violates Section 21.3(b) & (c) of the Elections Guidelines. The first two pages of the aforesaid website is attached hereto as Exhibit “C/1”, and Complainant prays the Honorable Commissioners to note the photograph of Cllr. Charles Walker Brumskine and the campaign message: “Charles W. Brumskine, Esq., Candidate-for-President, Republic of Liberia 2005”. And for this violation, Complainant prays that consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, the Honorable Commissioners should hold 1st Respondent in violation of Section 21.3(b) & (c) of the Elections Guidelines and to order that the said website be closed down and removed from the worldwide web within a specified period of time.
3. That also as to 1st Respondents, Complainant says that it is also advertised on the website, www.charlesbrumskine.org, an “Invitation to Rally and Dine with Brumskine” on 28th June, 2005, which advertisement also promotes Cllr. Charles Walker Brumskine in the following words: “Brumskine for President, Republic of Liberia 2005”. Complainant submits that consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, this publication on this website violates Section 21.3(b) & (c) of the Elections Guidelines and so 1st Respondents should be fined and the website ordered closed down and removed from the worldwide web within a specified period of time. Copy of the advertisement referred to is Exhibit “C/2” hereto.
4. That further to Count Three (3) above, Complainant says that the aforesaid “Invitation to Rally and Dine with Brumskine” , attached hereto as Exhibit “C/2”, is also a violation of Section 20 of the Elections Guidelines which says that no political activity of political parties and independent candidates shall extend beyond the boundaries of the country (Liberia). Complainant therefore prays that consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, the Honorable Commissioners impose the appropriate fines on 1st Respondent and enjoin, prohibit and stop 1st Respondents from holding the aforesaid rally and dinner.
5. That Complainant also says that 1st Respondents are advertising on two independent websites, www.liberianobserver.com and [www.theperspective.org], various political rallies, dubbed “Town Hall Meetings” all over the United States of America in violation of Section 20 and Section 21.3(a) of the Elections Guidelines. For this violation, Complainant prays the Honorable Commissioners to impose the appropriate fines on 1st Respondents and to prohibit, enjoin and stop 1st Respondent from holding any more public rallies and public meetings in the United States or anywhere else outside of Liberia and to order 1st Respondents to remove all such advertisements from the two websites named herein or any other media. Copies of the publications of the political rallies and public meetings scheduled to be held by 1st Respondents in various parts of the United States, as posted on these two websites, are attached hereto as Exhibit “C/3”.
6. That complaining further against 1st Respondents, Complainant says that 1st Respondents have printed calendars and posted said calendars in public places all over Liberia, canvassing for the support and or votes of Liberians, with some calendars carrying the theme “Remaking a Nation Under the Rule of Law by God’s Command”, while other calendars carried the theme, “Remaking a Nation, A Candidacy Announced”, with the photograph of Cllr. Charles Walker Brumskine, who had publicly declared himself a candidate for the high office of President of Liberia. The posting of these calendars in public places, consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. Sherman and LAP matter, is a violation of Section 21.3(b) & (c) of the Elections Guidelines. And for this reason, Complainant prays Your Honor to impose a fine on 1st Respondent and order them to retrieve all the calendars and/or remove them from public display. Several of the aforesaid calendars taken down from the public places as demonstrative evidence will be produced at the hearing of this matter. Meanwhile, photocopies of photographs of the said calendar as posted at public places are attached hereto as Exhibit “C/4”.
7. That in addition to posting the said calendar in public places, 1st Respondents have hired vehicles to ply the streets of Liberia and used supporters to rally and canvass with the public by the use of the aforesaid calendars, clearly in violation of Sections 21.3(b) & (c) of the Elections Guidelines. And for this reason, consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. Sherman and LAP matter, Complainant prays the Honorable Commissioner to impose a fine on 1st Respondents and order them to retrieve all the calendars and/or remove them from public display.
8. That specifically as to 2nd Respondents, said 2nd Respondents regularly and habitually hold public rallies whenever Mr. George Oppong Weah, one of said 2nd Respondents, returns to Liberia from a trip to foreign parts. At these public rallies, [posters] of Mr. George Oppong Weah, who has announced himself as candidate for President of Liberia, are carried by attendants for the purpose of canvassing and campaigning for the support of voters. Complainant says that such public rallies are in violation of Section 21.3(a) of the Elections Guidelines; and for this reason, Complainant prays the Honorable Commissioner to impose fines on 2nd Respondents. Newspaper report of the most recent of such public political rallies on Wednesday, April 20, 2005, reported by The News newspaper of Thursday, 21 April 2005, Vl. 16 No. 336, is attached hereto as Exhibit “C/5” .
9. That also as to 2nd Respondents, in addition to the holding of the public rallies, 2nd Respondent causes said rallies to be published in the print media as per Exhibit “C/5”; and also 2nd Respondent causes said rallies to be broadcasted on his television station, “Clare TV”, as was done for the last public rally on Wednesday, April 20, 2005. As these public political rallies, dubbed as “welcome programs” are in violation of Section 21.3(a) of the Elections Guidelines, Complainant prays the Honorable Commissioner to impose the appropriate fines on 2nd Respondents and to enjoin them and their television station “Clare TV” from publishing such public political rallies.
10. That Complainant says that Mr. George Oppong Weah is currently in France for a last soccer game, which took place on Saturday, June 11, 2005 before his official retirement from soccer. Plans are underway in Monrovia for the holding of a public political rally in his behalf, as has been the case whenever he returns to Liberia from any visitation to another country. Based on the historical context of such public rallies and given that any such public political rally is a violation of Section 21.3(a) of the Elections Guidelines, Complainant prays the Honorable Commissioner to prohibit and enjoin the Respondents from holding any such public political rally in the guise of a welcome of Mr. George Oppong Weah to Liberia.
11. That further specifically as to 2nd Respondents, Complainant says that 2nd Respondents have a website, www.friendsofgeorgeweah.com, which promotes Mr. George Oppong Weah’s candidacy for President of Liberia and canvasses with the public for votes and support. The first page of the website carries the logo of the CDC, which has a “Click To Enter” on said first page. Upon clicking to enter, the next page reads, in part: “The information contained on this site will give you a deeper understanding of where I intend to take our country over the next six years if I am elected as president in 2005.” Clearly, this statement and the rest of the website constitute a violation of Section 21.3(b) & (c) of the Elections Guidelines. For this reason, consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, Complainant prays the Honorable Commissioners to impose a fine on 2nd Respondents and to order that 2nd Respondents close down and remove from the worldwide web the aforesaid website within a specified period of time. Copy of the first page of the website is Exhibit “C/6”.
12. That specifically as to 3rd Respondents, Complainant says that 3rd Respondents have published a photograph in the form of a [poster] of Mrs. Ellen Johnson Sirleaf in African attire – above her head is the following: “The Woman” and below the photograph are the following words: “Ellen Johnson Sirleaf for President”. These [posters] are placarded in public places outside of Montserrado County, as can be seen from photocopy of a photograph of one of such placards in Nimba County, attached hereto as Exhibit C/7”. At the hearing some of the [posters] of Mrs. Ellen Johnson Sirleaf, taken down from the public places where they were placed, will be presented and it will be observed that these [posters] have been in use for some time by 3rd Respondents at these public places.
13. That further to Count Twelve (12) above, Complainant says that the [posters] of Mrs. Ellen Johnson Sirleaf in public places in Nimba County and other counties is a violation of Section 21.3(b) & (c) of the Elections Guidelines; and so Complainant prays the Honorable Commissioner, consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, to impose the appropriate fines on 3rd Respondents and order them to retrieve from the public domain and/or remove from public places the aforesaid [posters].
14. That Complainant says that Mrs. Ellen Johnson Sirleaf has also habitually violated Section 21.3(b) of the Elections Guidelines by making political statements at public gatherings and having such political statements carried by the print and electronic media. At a recent public meeting on Monday, June 6, 2005, at Carey Street, Monrovia, Mrs. Ellen Johnson Sirleaf told the public that if elected as President of Liberia, she would make Liberia great in five years time. These and other political statements, reported in the print and electronic media are a violation of Section 21.3(b) of the Elections Guidelines. And for this reason, Complainant prays the Honorable Commissioner to impose a fine on the 3rd Respondents and order them to desist from violating the Elections Guidelines or else harsher penalties will be imposed on them. Copy of the back page of The Analyst newspaper of Wednesday, June 8, 2005, Vol. 6 No. 204, which carried the story of the political statement referred to herein is Exhibit “C/8” hereto.
15. Specifically as to 4th Respondents, Complainant first prays the Honorable Commissioners to note that Cllr. Winston Tubman of the NDPL has declared his candidacy for President of Liberia during the ensuing elections. To promote this candidacy, a website, www.friendsofwinston.org, has been established; and on the first page of this website are the following, among many others: “Winston A. Tubman. As President, Winston Tubman will lead the charge in confronting the divide between the Liberian people; promoting reconciliation and unification; …” Complainant say that consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, such publication on the worldwide web is a violation of Section 21.3(b) & (c) of the Elections Guidelines. And for this reason, Complainant prays the Honorable Commissioners to impose the appropriate fine on 4th Respondents and order that the website be closed down and removed from the worldwide web within a specified time. The first page of the website is Exhibit “C/9” hereto.
16. That also specifically as to 4th Respondents, to further promote Cllr. Winston Tubman within Liberia as the person in the presidential race best suited to reconcile Liberians after a divisive civil war, 4th Respondents printed a [poster] with the photograph of Cllr. Winston Tubman, with the words, “THIS IS THE MAN” at the top, and with the words, Cllr. Winston A. Tubman – THE GREAT RECONCILER” at the bottom. Clearly, this [poster], consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, violates Section 21.3(c) of the Elections Guidelines. And for this reason, Complainant prays the Honorable Commissioner to impose a fine on 4th Respondent, order them to retrieve all the [poster] from the public domain and remove all such [posters] from public places. Copy of the [posters] as placarded in a public places in Bong and Nimba Counties are Exhibit “C/10”; and at the hearing several of said [posters] shall be presented and it shall be clear from their nature that such [posters] have been in use by 4th Respondents for several months.
17. That specifically as to the 5th Respondent, Complainant says it is public knowledge that said 5th Respondent has announced that he seeks the office of President of Liberia during the ensuing elections. To promote his candidacy, 5th Respondent has a website, www.natbarnesforliberia.net; and on the opening page of said website are the words: “NAT BARNES FOR PRESIDENT OF LIBERIA”. Consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, the publications of this website is a violation of Section 21.3(b) & (c) of the Elections Guidelines. And for this reasons, Complainant prays the Honorable Commissioners to impose appropriate fine on 5th Respondent and order that the aforesaid website be closed down and removed from the worldwide web within a specified time. The first page of the website is Exhibit “C/11” hereto.
18. That as to the 6th Respondent, Complainant says that said 6th Respondent has published a calendar with his photograph and promotional materials for his candidacy for the high office of President of Liberia, which candidacy he publicly announced about a year ago. This calendar, which is posted in public places in various parts of Liberia, as can been seen from a photograph of it attached hereto as Exhibit “C/12”, refers to 6th Respondent as “The Voice of the Voiceless”, “Republic of Liberia” “’Victory for Change’”. Obviously, this calendar, as posted, consistent with the Honorable Commissioners’ Ruling of Wednesday, June 8, 2005 in the PAC v. LAP and Sherman matter, constitute a violation of Section 21.3(b) & (c) of the Elections Guidelines. And for this reason, Complainant prays the Honorable Commissioners to impose a fine on 6th Respondent and order him to retrieve from the public domain the aforesaid calendar.
19. That as to the 7th Respondents, Complainant says that Dr. Togbah Nah Tipoteh, at political rallies organized by the Liberia People’s Party, habitually and persistently makes political statements which are published in The News newspaper. The most recent of such political rallies was held on May 18, 2005 at the Monrovia City Hall, at which time the Chairman of the MOJA Duala Branch gave a statement of support to Dr. Togbah Nah Tipoteh, a President Aspirant for the Liberia People’s Party. Photocopy of pictorial published in the Friday, May 20, 2005 edition of The News newspaper is Exhibit “C/13” hereto.
20. That Complainant says that the holding of political rallies for the support of any candidate for elective office violates Section 21.3(a) of the Elections Guidelines. Accordingly, Complainant prays the Honorable Commissioners to impose a fine on the 7th Respondents and order them to desist from holding political rallies for the purpose of canvassing for votes or support for Dr. Togbah Nah Tipoteh.
WHEREFORE and in view of the foregoing, Complainants pray the Honorable Commissioner to hold the above-named Respondents individually liable according to their various violations of the Elections Guidelines as shown above and impose on them the necessary and appropriate fines and sanctions and the relevant prohibitions.
Respectfully Submitted,
Liberia Action Party (LAP)
COMPLAINANT
______________________________ ______________________________
D. Sheba Brown (Mrs.) Sei Wonkemie Gahn
NATIONAL CHAIRMAN NATIONAL VICE CHAIRMAN
By and through its Counsel:
Dugbor Law Firm
Johnson Street, Monrovia, Liberia
____________________________
Frederick D. Cherue
COUNSELLOR-AT-LAW
Jones & Jones Law Firm
Randall Street, Monrovia, Liberia
_____________________________
Cyril Jones
COUNSELLOR-AT-LAW
Sherman & Sherman, Inc.
17th Street, Sinkor, Monrovia, Liberia
______________________________ ______________________________
J. Johnny Momoh Albert Sims
COUNSELLOR-AT-LAW COUNSELLLOR-AT-LAW
______________________________ _____________________________
Betty Lamin-Blamo Golda Bonnah
ATTORNEY-AT-LAW ATTORNEY-AT-LAW
_____________________________ ____________________________
G. Moses Paegar E. Seku KoromaCOUNSELLOR-AT-LAW COUNSELLOR-AT-LAW
