Published: June 5, 2026
MONROVIA — The Supreme Court has cleared the way for the National Elections Commission to fight a US$877,060 judgment over unpaid election materials, denying a bid to throw out the commission’s appeal and ordering the dispute heard on its merits.
In a unanimous opinion authored by Associate Justice Jamesetta Howard Wolokolie, the Full Bench rejected arguments that the NEC had missed the legal deadlines for perfecting its appeal, ruling Monday that the commission had in fact filed its papers on time.
The case stems from an action of debt brought by M-Tosh Prints Media Inc., represented by Varney A. Fahnbulleh, against the NEC and its Board of Commissioners, led by Executive Chairperson Davidetta Browne Lansanah.
M-Tosh filed its complaint on March 31, 2025, alleging that the commission owed it a substantial sum for election materials produced and delivered for the 2019 Montserrado County senatorial and District No. 13 representative by-elections.
The company said that under its agreement with the NEC it produced and imported 1,970 prepackaged election kits for the by-elections. Beyond the contracted quantity, it said, it delivered an additional 415 kits and 287 packages of bulk election materials, including election stationery.
According to court records, the excess materials were received by the NEC’s logistics department and stored in the commission’s warehouse after arriving at Roberts International Airport.
M-Tosh alleged that the NEC went on to use 200 of the 415 excess kits during by-elections in Grand Cape Mount County and later used the remaining materials to assemble an additional 1,898 kits.
The company contended that although the commission paid roughly US$589,000 for the original contract and the 200 additional kits used in Grand Cape Mount, it failed to pay for the remaining materials, valued at US$877,060, prompting the debt action.
The matter was first heard before the Commercial Court, where Chief Judge Eva Mappy Morgan ruled against the NEC on Dec. 31, 2025. The commission announced an appeal and began the steps required to challenge the judgment, but M-Tosh moved to have the appeal dismissed, arguing that the NEC had not met the statutory requirements governing appeals.
The Supreme Court examined whether the commission had filed its bill of exceptions and other appellate documents within the time the law allows. It found that although the Commercial Court rendered final judgment on Dec. 31, the NEC did not receive a copy until Jan. 6, 2026, and filed its bill of exceptions on Jan. 15, the ninth day after receiving the ruling and within the 10-day requirement.
The Court also reaffirmed an established principle of Liberian appellate procedure that an appeal bond may be approved by another judge regularly assigned to the court when the trial judge who rendered the decision is unavailable. It further noted that the NEC filed its notice of completion of appeal on March 2, 2026, the 55th day after receiving the judgment and within the permitted period.
On those findings, the Court concluded that the commission had properly perfected its appeal.
The decision was signed by Chief Justice Yamie Quiqui Gbeisay Sr. and Associate Justices Wolokolie, Yussif D. Kaba, Ceaineh D. Clinton Johnson and Boakai N. Kanneh.
“The movant’s motion to dismiss the respondent’s appeal is hereby denied and dismissed, and the appeal ordered proceeded with on its merits,” the Court ruled, adding that costs would abide the final determination of the appeal.
The ruling does not decide whether the NEC owes the claimed US$877,060. It settles a procedural fight and ensures that the commission’s appeal against the Commercial Court judgment will now be heard on its substance.
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