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NEC remains defiant to court rulings; fails to pay election vendor

by David Menjor | The Liberian Investigator
January 5, 2026
in Featured
Reading Time: 5 mins read
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Published: January 5, 2026

Monrovia — Despite multiple binding rulings from both an administrative review panel of the Public Procurement and Concession Commission (PPCC) and the Commercial Court of Liberia, the National Elections Commission (NEC) has failed to honor payment obligations owed to M-Torch Print Media Inc.

The dispute centers on a procurement process related to NEC election printing services. It resulted in a decision that the commission owed the vendor US$96,000, a ruling later confirmed by the Commercial Court. Administrative Findings and Court Confirmation Documents show that the Complaints, Appeals and Review Panel (CARP) of the Public Procurement and Concession Commission (PPCC) recently determined that, although the procurement process had already expired and could not be reversed, NEC was still required to uphold fairness and accountability in its dealings with pre-qualified vendors. 

In its final decision issued on December 11, 2025, the CARP panel found that M-Torch Print Media Inc. was unfairly treated during the procurement process. While recognizing that the procurement window had closed, the panel explicitly directed NEC to ensure M-Torch and other qualified vendors receive equal opportunities in future procurement activities, as mandated by the Public Procurement and Concessions Act (PPCA). 

The case did not conclude there. M-Torch later filed for judicial relief at the Commercial Court, which, after hearing arguments from both parties, issued a final ruling holding NEC responsible for US$96,000. 

Court Grants Appeal, But Payment Not Stayed

On December 31, 2025, Commercial Court Judge Eva Mappy Morgan, during the December Term, decided that NEC could challenge parts of the decision to the Supreme Court in its March 2026 Term. However, the appeal wouldn’t delay paying the judgment. The court explicitly ordered that the judgment funds be put into an escrow account before any appeal is finalized, in accordance with the Commercial Court of Liberia’s rules. “The appeal is not a stay to the satisfaction of judgment,” the court clarified, also instructing the clerk to prepare a bill of costs for the parties to review. 

Court records further show that the legal counsel for NEC formally excepted to the portion of the ruling holding the commission liable for the US$96,000, while the legal counsel for M-Torch announced an appeal on other aspects of the ruling.

Ministry of Finance Willing to Pay M-Tosh on GAC Claim but

For the Ministry of Finance and Development Planning (MFDP), M-TOSH has proven its worth, as the GAC audit report on domestic debts recognizes the local vendor for its material and service delivery to the NEC. The Ministry’s main concern has consistently been budgetary allocation, an issue that the NEC has not addressed over the years. 

In its October 24, 2025 letter to the National Elections Commission, the Ministry of Finance responded to NEC’s June 13, 2025 letter, confirming that it (MFDP) acknowledged the claim in favor of M-Tosh Print Media for US$171,105.00, which includes a principal of US$150,000 and court costs of US$21,105.00.

“Please be advised that the referenced was not programmed under the FY (fiscal year) 2025 National budget, and, as such, the Ministry does not have the fiscal space to accommodate its settlement.”

The Ministry, however, advised NEC to settle its obligation to the local company through its operational fund. “In view of this, the MFDP requests the National Elections Commission (NEC) to address the payment of this obligation through its institutional budgetary appropriation,” the MFDP’s letter to NEC, signed by the Minister, Augustine Kpehe Ngafuan, states.

Apart from the amounts of US$96,000 and US$171,105, NEC is also reported to owe M-Tosh more than one million U.S. dollars. As a result, the Ministry of Finance requested confirmation regarding the obligation to the vendor, which has not been disputed so far, according to the Liberian Investigation findings.

“Furthermore, in reference to the General Auditing Commission’s (GAC) compliance Audit Report on the Government of Liberia Domestic Debt Portfolio for the period January 1, 1980 to December 31, 2024, the Ministry kindly requests NEC to confirm the outstanding claim of US$1,087,000.00 (One Million Eighty-Seven Thousand United States Dollars) as asserted by M-Tosh Print Media.”

Vendor Still Unpaid

Despite the clarity of both the CARP ruling and the Commercial Court’s order, as well as the Ministry of Finance’s advice to the Commission, NEC has yet to deposit the judgment amount(s) into escrow or otherwise demonstrate compliance, according to sources familiar with the matter. Legal experts say the failure to act undermines the judiciary’s authority and sets a troubling precedent. “When a constitutional body like the NEC ignores a court order, it weakens public confidence not only in the commission but in the justice system itself,” said a commercial lawyer who requested anonymity due to the sensitivity of the case.

Broader Governance Concerns

The dispute comes at a time when NEC is under heightened scrutiny following Liberia’s recent electoral cycle. Transparency advocates and civil society actors argue that failing to respect court rulings involving vendors sends a negative signal to businesses that provide essential services during elections. “Election credibility does not end at the ballot box,” said a civil society actor, adding that “It also includes how contracts are honored and how institutions respond to lawful judgments.”

For M-Torch Print Media Inc., the case is about more than a financial claim. The Company’s representative, Varney Fahnbulleh, says it is about fairness, accountability, and the right of Liberian businesses to be protected by the courts when dealing with powerful state institutions. Fahnbulleh said he believes in the justice system and that his company will continue to be law-abiding, but he noted that justice must be enforced to disabuse powerful people or institutions of the notion that they are above the law.

“We are business people, not politicians. Our job is technical also and it requires money to deliver quality service. This is our country and we have always availed ourselves to serve, even when there is no money put in our accounts immediately. But denying us what we justly deserve after we deliver goods and services is unfortunate and I think the law should be firmer in its execution of orders,” he said.

Tags: National Elections Commission
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David Menjor | The Liberian Investigator

David Menjor | The Liberian Investigator

David S. Menjor is a former classroom teacher trained by the Government of Liberia through the Kakata Rural Teacher Training Institute (KRTTI). He worked with the Ministry of Education for several years before transitioning into journalism—a field he had long been passionate about. With over a decade of experience in the education sector, David enrolled at the International School of Journalism, where he earned a certificate that launched his media career. Following an internship at Radio Five 105.1 FM in late 2015, David was retained as a co-host for two flagship talk shows. However, committed to the principles of independent journalism, he later resigned from the station, which is owned by a politician. In 2016, he joined the Daily Observer as a freelance reporter, where he worked for more than eight years before resigning in 2024. David became News Editor at The Liberian Investigator in January 2025 and serves as a key member of the editorial team. His professional background includes multiple specialized media trainings, including a distinguished fellowship in investigative journalism and a certification in development communication from China.

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