-Against M-Tosh Prints Media
MONROVIA – In a decisive legal blow to a major printing firm, the Commercial Court of Liberia has dismissed a high-stakes debt claim against the National Elections Commission (NEC), ruling the plaintiff failed to provide sufficient evidence to back its demand for nearly a million dollars.
In a ruling dated December 31, 2025, Judge Eva Mappy Morgan held that M-Tosh Prints Media did not meet the required legal burden of proof to establish that the NEC owed it US$877,000 for alleged excess election materials.
The case stems from a March 2025 “Action of Debt” filed by M-Tosh. The company claimed that, beyond a pre-packed materials contract, it imported an extra 1,898 election kits valued at US$877,000 in July 2019. M-Tosh alleged the materials were received by an NEC staff member at Roberts International Airport, stored in the NEC warehouse, and later used by the Commission.
The NEC categorically denied the allegations. The elections body argued its written contract with M-Tosh did not authorize the importation or storage of any excess materials without prior approval from its Board of Commissioners.
In her review, Judge Morgan scrutinized flight cargo manifests and other documents related to the chartered flight that brought the materials into the country—a flight the NEC admitted paying for. The Court concluded that M-Tosh’s evidence failed what it termed the “smell test,” referencing legal standards for burden of proof and best evidence under Liberian law.
Crucially, during arguments, M-Tosh admitted to having already received significant payments from the NEC for other election materials. This included US$589,060 for supplies for the Montserrado County by-elections and US$94,000 for the use of 200 kits in the Grand Cape Mount County Senatorial elections.
This admission heavily informed the Court’s final judgment. “The evidence presented failed to establish indebtedness in the stated amount,” the ruling stated, dismissing the US$877,000 claim in full.
While the ruling clears the NEC of the immediate liability, the legal battle is set to continue. Dissatisfied with the outcome, M-Tosh Prints Media has announced its intention to appeal to the Supreme Court. In a countermove, the NEC has also filed a cross-appeal, seeking further legal clarification on the matter.
