Wednesday, January 16, 2013

Election 2012 petition: EC files motion requesting detailed information about "irregularities"

The Electoral Commission (EC) has filed a motion at the Supreme Court requesting that the petitioners challenging the results of the December 7, 2012 elections furnish it with "further and better" particulars of the polling stations where irregularities allegedly took place.

A petition to the Supreme Court dated December 28,2012, whose petitioners were New Patriotic Party (NPP) presidential candidate Nana Addo Dankwa Akufo-Addo his running mate Dr. Mahamadu Bawumia, and party chairman Jake Otanka Obetsebi-Lamptey, stated that among other things, irregularities recorded at 4,709 polling stations favoured President John Dramani Mahama.

According to the petitioners, 24,000 of the pink results sheets from some polling stations indicated that those irregularities were enough to affect the outcome of the presidential election.

Joined to the petition is the winner of the 2012 presidential polls, President Mahama, while the EC, which conducted the elections, was sued as an entity.

The EC had, in a defense dated January 7, 2013, denied claims that Nana Akufo-Addo won the election and also denied any voting irregularities and electoral malpractice as well as the accusation that it had deliberately and unlawfully assisted President Mahama to win the presidential poll.

It subsequently implored the court to "order the petitioners to give particulars of the polling stations in which the violations, irregularities and malpractice are alleged to have occurred."

As a follow up to its defense, the EC filed a motion yesterday, January 15, 2013, demanding additional particulars on the polling stations, constituencies and regions in which the alleged irregularities took place.

In his defense, the President denied the allegations by the petitioners and accused them of attempting to "subvert" the will of the people, adding that he won the elections freely and fairly in the full glare of the media, domestic and international election observers.

He has also indicated his intention to call 4,800 witnesses to affirm his position that he won the elections on a clean note.

The much awaited hearing of the National Democratic Congress (NDC) motion to join a petition challenging the results of the December 7, 2012 presidential results, will commence at the Supreme Court in Accra today (Wednesday, January 16, 2013).

The motion, which was originally billed for Thursday, January 10, 2013, had to be adjourned sine die when lawyers for the petitioning New Patriotic Party (NPP) had objected to the composition of the panel.

But the objection was withdrawn barely 24 hours after it had been raised in camera by one of the lawyers for the petitioners, Mr. Philip Addison.

Following the withdrawal of the objection, the registrar of the Supreme Court served both parties’ lawyers with hearing notices on Monday, January 14, 2013.

Former Attorney-General and Minister of Justice Gloria Akuffo is leading the legal team for the petitioners, while Tony Lithur and Tsatsu Tsikata are leading a number of lawyers to make a case for the President and the NDC, respectively.

The EC will be represented by its lead counsel, James Quashie-Idun.

A nine-member panel, presided over by Mr Justice William Atuguba, with Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr P. Baffoe- Bonnie, Mr Justice N. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo, as panel members, is expected to hear the motion on whether or not the NDC should be allowed to join the petition.

From:  Daily Graphic 

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