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Cummings Is A US Citizen

-Cllr. Syrenius Cephus Tells NEC; Says He Should Not Be Vetted  
Cllr. Sayma Syrenius Cephus has written the National Elections Commission, objecting to the candidacy of Mr. Alexander B. Cummings for the position of President of the Republic of Liberia in the upcoming presidential elections in Liberia.
In a letter written on July 14, Cllr. Cephus says that Alexander B. Cummings, Jr., or Jr., Cummings, Alexander B., ‘whatever,’ former Executive officer of Coco Cola Company, is a United States citizen and is therefore not qualified to be vetted by the National Elections Commission as a presidential candidate to participate in the forthcoming elections.
Cllr. Cephus attached said “as can be seen from documents downloaded from the sec.gov website, attached hereto and marked as Exhibit C-2.”  Moreover, He said that “the name Alexander B. Cummings Jr., executive officer of Coco Cola Company which appears on Exhibit C-2 shows that it is the one and same Alexander B. Cummings Jr., who has presented his documents to the NEC on the ticket of the ANC, and this has been confirmed and reconfirmed by records including Alexander B. Cummings, Jr., himself publicly   that he is actually the one and same Alexander B. Cummings, Jr., who was in the employ of Coco Cola Company as Executive officer.”
Cllr. Cephus also told NEC that Alexander B. Cummings, Jr., himself is on records and has included in his CV without any threat or persuasion that he is and has been the one and same Alexander B. Cummings, Jr., duly listed in the executive leadership of Coca Cola Company as supported by Exhibit C-2.
Cllr. Cephus Further told NEC that Alexander B. Cummings is also not qualified to be vetted by the National Elections Commission (NEC) within the context and interpretation of Article 52(c) of the Liberian Constitution as succinctly interpreted   by the Supreme Court of Liberia in the case: “MPC v. NEC et al” decided in 2011 and to which the NEC was the Respondent. Coincidentally, the chairman of NEC who is to hear Cllr. Cephus’ protest letter also is an American citizen, yet to deny his US citizenship. See full letter below.

Sayma Syrenius Cephus Letter to the National Elections Commission

14 July, 2017

Cllr. Jerome Korkoya
CHAIRMAN
National Elections Commission (NEC)
9th Street, Sinkor
Monrovia, Liberia

Dear Cllr. Korkoyah:

We present our compliments and have the honor to introduce ourselves as a civil society advocacy organization that is dedicated to human rights defense, protection, the rule of law, democracy, accountability, transparency, minority, women and children rights, with specific emphasis in public interest litigation on the  statutory and constitutional rights of citizens in Liberia and across the West African sub-region.

This communication is in furtherance of one of our key fundamental objectives, and that is to publicly protest and challenge any blatant violation of the 1986 Constitution by anyone or institution, as it is now the case with   the recent action of the  National Elections Commission (NEC) in receiving and subsequently vetting documents that purport to be the presidential bid of a certain Alexander B. Cummings Jr., former Executive Officer of Coco Cola Company, a United States citizen, and a foreigner who  now is masquerading as a Presidential Aspirant for the Alternative National Congress (ANC), a full-fledged political party operating under the laws of Liberia.

Further, we raise these concerns in the context of a protest and a challenge to the vetting and qualification of Alexander B. Cummings Jr., as a   public interest litigation, and therefore, need not  to establish or demonstrate any direct injuries sustained as a  consequence of his presidential bid  but for the common good of the public,  the 1986 Constitution, the Aliens and Nationality Law of Liberia,  and Election laws of Liberia and other legal instruments  that forbid foreigners from vying for, or occupying public offices  or from  participating in our national elections.
However, for the sake of the records, we are a legally registered civil society organization operating under the laws of Liberia, and hereby bring this action as a consequence of a board resolution duly issued and notarized as in keeping with law, and therefore, have the legal standing or capacity to question and challenge the purported citizenship of Alexander B. Cummings Jr., as a matter of law. Attached hereto and marked as Exhibit “C-1 In Bulk” is a copy each of our articles of incorporation and corporate board resolution authorizing us to challenge the presidential bid of Alexander B. Cummings Jr.

Further, our complaint is based on three major concerns, and they are as follows:

1.    That Alexander B. Cummings, Jr., or Jr., Cummings, Alexander B., ‘whatever,’ former Executive officer of Coco Cola Company, is a United States citizen and is therefore not qualified to be vetted by the National Elections Commission as a presidential candidate to participate in the forthcoming elections as can be seen from documents downloaded from the sec.gov website, attached hereto and marked as Exhibit “C-2.”

(a). Moreover, the name Alexander B. Cummings Jr., executive officer of Coco Cola Company which appears on Exhibit “C-2” shows that it is the one and same Alexander B. Cummings Jr., who has presented his documents to the NEC on the ticket of the ANC, and this has been confirmed and reconfirmed by records including Alexander B. Cummings, Jr., himself publicly   that he is actually the one and same Alexander B. Cummings, Jr., who was in the employ of Coco Cola Company as Executive officer;

2.     That further to count one(1) above, Alexander B. Cummings, Jr.,  himself is on records and has included in his CV without any threat or persuasion that he is and has been the one and same Alexander B. Cummings, Jr.,  duly listed in the executive leadership of Coca Cola Company as supported by Exhibit “C-2”.

3.     That Alexander B. Cummings is also not qualified to be vetted by the National Elections Commission (NEC) within the context and interpretation of Article 52(c) as succinctly interpreted   by the Honorable Supreme Court of Liberia in the case: “MPC v. NEC et al” decided in 2011 and to which the NEC was the Respondent, for the following reasons:

(a).  That he is not a citizen of Liberia and has not resided within the Republic of Liberia ten(10)  years immediately prior to the forthcoming  October 10, 2017  presidential elections which would have afforded  the citizens  of  the Republic of Liberia  the  opportunity to assess  his leadership  qualities, if any;

(b). That he is not qualified to be vetted or considered as a presidential candidate because he has not been critically assessed by a generation of Liberians of voting age born in the 80s and 90s known as the “millennium generation” and therefore is not capable or fit to promote unity amongst Liberians and manage the diversity of a complex political landscape consistent with the principle lay down under chapter II, Articles 5(a, b and c), 6 and 8 of the 1986 Constitution of Liberia;

(c).  Further, that  he is not qualified to be vetted as a presidential candidate for the fact that Alexander B. Cummings Jr.,  did  not meet the minimum requirement of the definition of  a “resident” as interpreted by the Honorable Supreme Court of Liberia in the case cited aforesaid,  which  states that: “A candidate for President of Liberia shall be “resident” in the Republic of Liberia ten years immediately preceding his/her election… the ten years’ residency requirement for presidential candidature is neither cumulative nor any ten year period of residency in Liberia. It is the ten year period immediately to the presidential election. See Article 52(2), 1986 Constitution;”

(d ). That he is not qualified  to be vetted for the presidency because the Supreme Court of Liberia  has further held that Article 52(c) means and requires that for a person to contest the presidency of the nation he/ she must have resided at least ten consecutive years prior to the election in which he/she seeks to be elected to the presidency of the nation; and  Alexander B. Cummings Jr.,  having not resided within the Republic of Liberia at least ten consecutive years prior to the forthcoming October 10, 2017 elections he is not qualified and should not have been given the opportunity to  make any  presidential bid before the National Elections Commission;

(e). That the National Elections Commission as a quasi-judicial body fully cognizant of the  law and the interpretation of Article 52(c) by the Honorable Supreme Court of Liberia in 2011, committed or will  commit a reversible error because it  knew or had reason to know as a Respondent in the case cited inter alia,  the Honorable Supreme Court of Liberia has indicated that there can be no other interpretation ascribe to Article 52(c) except that  which Supreme Court itself  has provided, yet,   the NEC proceeded to receive the documents of an alien called Alexander B. Cummings Jr.,  masquerading as a Liberian citizen  and defiantly  engaging in conduct  amounting to vying for the presidency of Liberia  in total contravention of the 1986 Constitution, the New Elections Law and the Alien and Nationality Law of Liberia;

(f). That he is not qualified because the Supreme Court has clearly defined the difference between a Residence and a Domicile. In the opinion of the Supreme Court, residence means: “The act or fact of living in a given place for some time or place where one actually lives; bodily presence as an inhabitant in a given place; whereas, domicile usually requires bodily presence plus an intention to make the place one’s  permanent home.”

We contend that assuming without admitting that Alexander B. Cummings Jr., has naturalized as a Liberian citizen immediately upon his retirement as an executive of Coca Cola Company in the United States of America, which is not the case, then he must produce evidence of his naturalization papers, and even were he to do so, he   is still not qualified to contest the Liberian presidency.

Further, we contend that Alexander B. Cummings Jr., is not a citizen of Liberia because in the heading of the listing of directors and executive officers published by Coca Cola Company in the United States of America in which his name appears, it is stated in part as follows: “Except as indicated below, each such person is a citizen of the United States. None of the directors or executive officers named below beneficially owns any common stock or Class B Common stock of Coca Cola Bottling Co. Consolidated…”   You are kindly requested to take judicial notice of Exhibit “C-2” which is the copy of the directors and executive officers listing that was downloaded from Coca Cola website.

Further, this means that he is, and has been a citizen of the United States of America, and there is no showing whatsoever to demonstrate that at other material time divers, he acted or chose to act within the context of Sub-chapter A—General Provision, section 3.1(b), (c), (d) and (e) of the New Elections Law which provide as follows:

1.    Subsection (b): Production of a birth certificate and where applicable, evidence of renunciation of a second nationality, proving that the applicant is a Liberian citizen;
2.    (c). Production of an original or certified copy of a certificate of naturalization, assuming he naturalized;

3.    (d). Sworn statements by two other registered voters who shall appear in person before the appropriate elections officer, confirming that the applicant is a Liberian citizen; and

4.    (e). Confirmation by a Liberian traditional leader who shall appear in person before the appropriate elections officer that the applicant is a Liberian citizen.

In view of the foregoing, we humbly request the National Elections Commission to order an immediate investigation into the purported application  filed by Alexander B. Cummings Jr., a foreigner masquerading as a Liberian citizen  and attempting to contest the Liberian presidency,   and thereafter,   declare annulled, cancelled and void ab initio, as if there existed no application,  the presidential bid of Alexander B. Cummings Jr., in order to protect and defend  Article 52(c ) of the 1986 Constitution by  ensuring that only   Liberian citizens   who have met all of the statutory and constitutional requirements can contest the presidency.

Thanks.

Faithfully,

Sayma Syrenius Cephus
Counselor-At-Law & Accredited Counsel, ICC, The Hague, AfCHPR, Arusha, Tanzania; member International Law Association(ILA); AEA International Lawyers Association(Europe).

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