25/09/2025
Supreme Court Acknowledges Due Process Violation but Upholds NECβs Declaration of Kwagrue as Winner in Nimba D-5 Election.
By Melvin Jackson
The Supreme Court of Liberia has ruled in a high-profile election dispute involving the August 12, 2025 Special Representative Election in Nimba County, District #5, affirming the National Elections Commission (NEC)βs declaration of Candidate Kortor S. Kwagrue as the duly elected lawmaker, despite acknowledging a procedural error that violated the candidate Madee K. Wongbay rights.
Presided over by Chief Justice Yamie Quiqui Gbeisay, Sr., the Court considered arguments from both sides. The Madee K Wongbay represented by Cllr. Lavela B. Walker, had challenged the NEC Board of Commissioners' decision to affirm a Hearing Officerβs ruling that denied her request for time to retrieve legal documents and retain new counsel.
The Court ruled that the NEC, being an administrative body and not a judicial one, is primarily responsible for fact-finding rather than legal adjudication.
However, the Court held that in this case, the BoCβs refusal to grant time for the appellant to adequately prepare her defense constituted a breach of her constitutional right to due process.
Despite this finding, the Court declined to overturn the election results.
βWhile the error is acknowledged,β the Court ruled, βit is not of a magnitude to bring the overall credibility of the election into question. Even if the appellant were credited with all 995 disputed votes, the final outcome would remain unaffected.β
As such, the Court affirmed the NECβs decision to declare Kwagrue the winner, effectively ending the legal contest.
The ruling emphasizes the balance the judiciary must strike between procedural fairness and electoral finality, sending a clear message that errors must be material in impact to warrant overturning election results.
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