Monday, January 28, 2013
EC files motion for more information on petition
January 16, 2013 (Page 22)
THE Electoral Commission (EC) has filed a motion at the Supreme Court
requesting petitioners challenging the results of the December 7, 2012
elections to furnish it with “further and better” particulars of
polling stations alleged irregularities took place.
A petition to the Supreme Court, dated December 28, 2012, which had
the presidential candidate of the NPP, Nana Addo Dankwa Akufo-Addo;
his running mate, Dr Mahamadu Bawumia, and the Chairman of the NPP, Mr
Jake Otanka Obetsebi-Lamptey, as petitioners stated, among other
things, that 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 defence dated January 7, 2013 denied claims that Nana
Addo Akufo- Addo, won the elections and also denied any irregularities
and electoral malpractice, as well as working deliberately to
unlawfully assist President Mahama, to win the presidential poll.
It subsequently prayed 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 defence, the EC filed a motion today, January
15, 2013, demanding additional particulars on the polling stations,
constituencies and regions the alleged irregularities took place.
In his defence, the President denied the petitioners allegations and
accused them of attempting to “subvert” the will of the people adding
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 to be moved by the NDC’s legal
team on Thursday, January 10, 2013, had to be adjourned indefinitely
because lawyers for the petitioners 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 on Wednesday, January 14, 2013 served hearing notices on
lawyers for the parties in the case.
A former Attorney-General and Minister of Justice, Ms Gloria Akuffo is
leading the legal team for the petitioners while Mr Tony Lithur and Mr
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 Mr James Quashie-Idun and other lawyers.
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 G. S. Gbadegbe and Mrs Justice Vida
Akoto-Bamfo as panel members are expected to hear the motion on
whether or not the NDC should be allowed to join the petition.
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