May 21, 2013 (Lead Story)
CONTROVERSY has rocked the auditing of pink sheets, as lawyers for President John
Dramani Mahama and the National Democratic Congress (NDC) have objected
to alleged introduction of additional boxes containing pink sheets.
But a former Deputy Attorney-General and Minister of Justice,
Ms Gloria Akuffo, who is leading the petitioners legal team, has refuted
allegations that extraneous materials had been introduced into the pink
A statement signed by the General Secretary of the NDC,
Mr Johnson Asiedu-Nketiah and issued in Accra said, “in respect of the
count of exhibits ordered by the Supreme Court, Counsel for the
President and the NDC have objected to an attempt to introduce
additional boxes of exhibits which were not part of the exhibits
inspected by all parties prior to the commencement of the counting
“Together with Counsel for the Electoral Commission a
representation was made to the Deputy Judicial Secretary for the
suspension of the count pending further orders of the court. Counsel
have also asked for improved security for the exhibits in order not to
compromise further the integrity of the process,” the statement said.
It has accordingly requested NDC supporters to remain calm while the court resolved the issue.
in a sharp rebuttal, Ms Akuffo said the respondents were making false
allegations because nothing of such nature happened at the Supreme Court
According to her, officials of the
Supreme Court registry, KPMG officials and all representatives of the
parties were present at the Supreme Court conference room when the audit
She, therefore, wondered why the respondents did not
protest in the morning when issues had to be trashed out before the
actual audit began through to the afternoon when the protest was lodged.
Akuffo said the counting would probably have ended on Wednesday and now
“they are running away,” adding that, “we did not ask for the audit. If
they are willing to go on, our representatives are ready for the audit
Supreme Court Sources Mute
at the Supreme Court have declined to comment on the raging controversy
and explained that the issues would be resolved at the court today.
nine-panel members, who have now been labeled as “nine wisemen” are
expected to deliberate over the issue and resolve it when it is
officially brought to their attention this morning.
The court, which has Mr Justice William Atuguba as the President, is expected to resolve the controversy.
members of the panel are Mr Justice Julius Ansah, Mrs Justice Sophia
Adinyira, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice
Annin Yeboah, Mr Justice Paul Baffoe-Bonnie, Mr Justice N. S. Gbadegbe
and Mrs Justice Vida Akoto-Bamfo.
Senior Partner of KPMG, the international audit firm which was
appointed by the Supreme Court to conduct audit into the pink sheets, Mr
Joe Winful, told the Daily Graphic that representatives of the
petitioners and the respondents had been invited to a meeting at the
Supreme Court today, to resolve the issue.
explained that the auditing started on Monday and that in the middle of
it, representatives of the NDC and the President demanded that the
auditing be stopped.
According to him, the auditing stopped, and parties have been invited to the Supreme Court to resolve their differences today.
He made it categorically clear that the KPMG was only a referee, and for that matter a neutral body in the dispute.
are referees sitting on the touchlines and watching. We are working on
documents that have been given to us by the Supreme Court and nobody
else,” Mr Winful said.
He reminded all that his outfit had and
would continue to perform the role assigned to it by the Supreme Court
in the presence of all parties in the electoral petition.
agreed to conduct the audit for free, thereby putting to rest
speculations that the company was to conduct the audit for a fee of
Genesis of Pink Sheet Controversy
surrounding the number of actual pink sheets submitted by the
petitioners have kept popping up during the interlocutory stage of the
hearing of the electoral petition at the Supreme Court.
petitioners have since the beginning of the hearing, deleted 704 pink
sheets and are currently relying on 11,138 pink sheets in their final
Counsel for the President, Mr Tony Lithur, for instance
has argued that he received 8,579 pink sheets, while counsel for the
NDC, Mr Tsatsu Tsikata, said his client had taken custody of 8,000 pink
sheets served on it by the registrars of the court.
of the polls, the Electoral Commission (EC), which is the third
respondent in the case, has not come out clearly on the number of pink
sheets it has received but its lawyer, Mr James Quashie-Idun, has also
informed the court his client had received less than 11,842 pink
Following the tenacious disagreement between parties on
the actual number of pink sheets submitted to the court – the court, on
May 9, 2013, in consultation with parties in the case, ordered that an
audit be conducted into the pink sheets.
number of meetings were held between representatives of the petitioners
and the respondents to agree on the modalities to be adopted to pave the
way for the audit to begin at the conference room of the Supreme Court
on Monday, only for more controversy to emerge.
hearing of the substantive petition, which has the presidential
candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo,
his running mate, Dr Mahamudu Bawumia and the Chairman of the NPP, Mr
Jake Obetsebi-Lamptey, as petitioners began on April 17, 2013.
Bawumia, who is the star witness for the petitioners, has since been
led by Mr Philip Addison to complete his evidence-in-chief. He has been
cross examined by the lawyers for the President, Mr Tony Lithur and Mr
He is currently undergoing cross-examination from Mr
Tsikata, who maintains that Dr Bawumia has duplicated pink sheets to
deceive the court.
However, Dr Bawumia has denied that assertion
and argued that nowhere did the petitioners duplicate pink sheets in the
final analysis of the alleged widespread and gross irregularities in
the December 2012 presidential elections, which is on a CD-Rom.
Mr Tsikata, has been cross examining Dr Bawumia for the past 12 days.
petitioners have alleged that the December 7 and 8, 2012 presidential
election was fraught with malpractices of over-voting, non-signing of
pink sheets by presiding officers or their assistants, voting without
biometric verification and duplicated serial numbers of pink sheets.
However, President Mahama, the EC and, the NDC have denied that any such irregularities occurred during the election.