Researched by Alfa Shaban
Election management bodies remain major pillars of Africa’s democratic processes despite widespread mistrust in their operations, especially among opposition actors across the continent.
Oftentimes, appointments to election bodies and their funding have been deemed to be politically influenced.
On social media, election bodies are often the topic of mis/disinformation spread by bad actors who seek to undermine their credibility and put the entire electoral process into question.
In Liberia, the body mandated with organising elections is the National Elections Commission (NEC), which has recently been the subject of a court order asking its properties to be liquidated over indebtedness to a private company.
RelatedNews
This report will distill the circumstances surrounding the case that led to the August 12, 2025, court judgment.
The genesis – How we got here
The disputes started in 2018 when NEC contracted M-Tosh Prints Media Inc., a private company, for the supply of materials for two by-elections. Failure to settle the full costs at the time led to the filing of a case in court.
After a seven-year litigation, on June 3, the Commercial Court sitting in Monrovia ruled in favour of the company, ordering NEC to pay the outstanding amounts to the tune of over 171,000 dollars.
According to a report cited by FactSpace Liberia, the particular election in respect of which the dispute resulted was the 2018 Sinoe County and Montserrado District 13 Representative By-elections.
The US$589,060 contract for the procurement, supply, and delivery of pre-packed election materials was valued at US$289,060 for goods and US$300,000 for air transport via chartered flight.
Days to the delivery date, M-Tosh alerted NEC to flight costs having gone up by US$150,000, which amount was ‘approved’ by NEC with assurances that the Ministry of Finance (MFDP) would regularise the new demand.
“Later in 2018, NEC formally wrote to the MFDP regarding the US$150,000 adjustment, and while an allotment was issued, the funds were never actually disbursed,” Montserrado Media Inc. stated in a report.
In 2024, M-Tosh went to court, and NEC argued that they could not be held liable because at the time the case was filed, there was an existing contract that could not be altered.
The court, however, in its ruling, indicated that to the extent the Finance Ministry had issued an allotment for the sum in 2018, it meant NEC had agreed to the sum in question and requested the Ministry to cater for the same amount.
“A June 11 directive further ordered NEC to open an escrow account at the Liberia Bank for Development and Investment (LBDI) titled “M-Tosh Prints Media, Inc. versus National Elections Commission (NEC)” to facilitate payment. No funds were deposited,” a report by the liberiainvestigator.com stated.
Orders of the court
FactSpace Liberia has cited a widely circulated Writ of Execution by the court detailing steps that a Sheriff of the court should take in enforcing its orders.
The following key orders are hereby highlighted:
- Seize and expose for sale the land, goods and chattels of NEC.
- As many properties should be seized until “it shall have raised US$171,105.
- If the auctioned assets don’t cover the owed sum, the Sheriff is “ordered to bring the living body” of the NEC chairperson and other authorised officers.
- If the sum is realised, it should be paid to the plaintiffs.
- The Sheriff shall withhold any costs of court and report back to the court.
The document was given under the seal of the courts by J. Amos F. Gbowah, Clerk of the Commercial Court and signed by His Honour, Chan-chan A. Paegar, Associate Judge, Commercial Court of Liberia.
NEC offices sealed by Sheriffs
In videos and images widely circulated online, the court officials are seen locking up the main gates of NEC in the heart of the capital, Monrovia.
Some images sighted by FactSpace Liberia also showed the Writ of Execution pasted on one of the gates along with printed inscriptions that read “ATTACHED AND SEALED BY COMMERCIAL COURT OF LIBERIA.”
Some NEC officials are seen in the videos looking on as the Sheriff’s lock them in and leave the premises.
While analysts express concerns about the impact of such a development on the democracy of the country and the credibility of the elections management body, the commission’s chairperson, Davidetta Browne Lansanah, in an interview minutes after the closure of the office, said: “What I can say is that I have to consult with the legal section, to know exactly what is happening here.”
Pushed as to whether the NEC hadn’t received any legal notice before the closures, she reiterated: “I wouldn’t know, I have to consult the legal section to know what is going on.” (watch from 24:40 seconds to 25:30 seconds)
Conversations online
We monitored that commentary around the matter was limited to critique for the NEC and the Joseph Boakai-led government (here, here, here).
The way forward
NEC will likely make an application to stay execution of the order to allow them to get the necessary funding to settle the debt or to pursue further review processes at the higher courts.
The politics around the matter will not end immediately and could extend until 2029 when the next national elections are held.
