Joseph Boakai, Standard Bearer (UP), Wilmot J. M. Paye,National Chairman, et al. National Executive Committee (NEC) Members Appellants VERSUS Patrick Worzie, et al., Secretary General a.i. & NEC of UP

APPEAL

Illegal Expulsion and Violation of the Unity Party’s Constitution and Article 20 (e) & 9(e) & of the Constitution Felonious Restraint

HEARD: November 12, 2019                          DECIDED: December 23, 2019

JUDGMENT WITHOUT OPINION

When this case was called for hearing, Counsellors Amara M. Sheriff and Jimmy Saah Bombo appeared for the appeilants. Counsellor Jonathan T. Massaquoi of the  International Law Group appeared for the appellees.

The records show that the appellants filed an appeal before the Supreme Court from the ruling of the National Elections Commission of Liberia (NEC) in a matter involving the expulsion of Patrick Worzie, et al., Secretary General a.i., and the National Executive Committee Members of the unity Party (UP) of Monrovia, Liberia.

At the call of the case before us, one of counsels for the appellants brought to the attention of the Court that appellants had filed a “Stipulation of Voluntary Discontinuance which reads as follows:

“STIPULATION OF VOLUNTARY DISCONTINUANCE

WHEREAS, there is pending before this Honorable Court an appeal taken by the appellants from the ruling rendered by the Board of Commissioners of the National Elections Cornmission, Republic of Liberia; and

WHEREAS, while this appeal is still pending undetermined, the appellants and the appellees met and amicably resolved the matter, subject of the Action of Illegal Expulsion and Violation of the Unity Party’s Constitution and Articles 20 (e) and 79(e) of the Constitution of Liberia, in consequence of which the appellants and the appellees instructed their legal counsels to withdraw the instant appeal without reservation, thereby nullifying the expulsion of the appellees;

NOW, THEREFORE, these presents:

1. That pursuant to and in keeping with the instructions of the appellants and appellees, counsels for the appellants and appellees have on this day and date executed this Stipulation of Voluntary Discontinuance, withdrawing and terminating the above-entitled proceedings without reservation, thereby nullifying the expulsion of the appellees.
2. This Stipulation of Voluntary Discontinuance is being filed consistent with Rule 3, Part Il of the Revised Rules of the Supreme Court (1999), which provides that the appellant and ppÄéllee may, in vacation by themselves or counsels, sign and file .With ^Cthe^zClettl< of the Supreme Court an agreement in writing, directing the cause to be withdrawn; and as to costs, shall pay to the Clerk any fees that may be due. To tbjs,end, the appeal growing out of the Action of Illegal Expulsion js withdrawn ånd •terminated.
3. That upon the signing of this Stipüla.tioh by •Counsels for the appellants and the appellees and approval of same ‘by; Che Honorable Supreme Court of Liberia, the Clerk of this Court is hereby authorized to have same filed, thereby terminating the above-captioned case forever.

IN WITNESS WHEREOF, THE PARTIES, BY AND THROUGH THEIR LEGAL COUNSELS, HAVE ON THIS DAY AND DATE EXECUTED THE OBOVE CAPTIONED STIPULATION AS A BASIS FOR THE COURT DISPOSING OF THE INSTANT APPEAL.

Hon. Joseph Boakai, Standard Bearer (UPD,Hon. Wilmot J.M. Payee National Chairman et al., National Executive

Committee Members

Amara M. Sheriff COUNSELLOR-AT-LAW

Patrick Worzie, et al., Secretary General a.j., and National Executive Committee Members of the Unity Party (UP)

Jonathan Massaquoi

COUNSELLOR-AT-LAW

APPROVED:

Joseph N. Nabge

ASSOCIATE JUSTICE

SUPREME COURT OF LIBERIA

This Court having ascertained from the counsels representing the parties whether their clients consented to the Stipulation of Voluntary Discontinuance and withdrawal of the appeal, and they having answered in the affirmative, and this Court being satisfied with the said Stipulation of Voluntary Discontinuance, it is hereby

ADJUDGED:

That the Stipulation of Voluntary Discontinuance filed by the parties being in conformity with the Revised Rules of the Supreme Court (1999), the request is hereby granted and the appeal ordered withdrawn.

Accordingly, the Clerk of this Court is ordered to have the appeal stricken from the docket of this Court and to send a mandate to the Board of Commissioners of the National Elections Commission, ordering the Commission to resume jurisdiction over the case and give effect to this Judgment. Costs are ruled against the appellants. AND IT IS HEREBY SO ORDERED.

GIVEN UNDER OUR HANDS AND SEAL

ME COURT OF LIBER

ASSOCIATE J STICE

SUPREME COURT OF LIBERIA