Three hundred and twenty-seven voters have applied to join the petition challenging the declaration of President John Dramani Mahama, as the winner of the December 2012 polls.
The Supreme Court is expected to hear their motion for
joinder on March 14, 2013.
According to the applicants, the elections were so
transparent that there were no disputes after the declaration of the results;
and for that reason it came as a surprise to them when the petitioners
identified their polling stations, as among those where irregularities
allegedly took place.
In 35 different applications, the 327 applicants stated that
they were bringing the action in their capacity as citizens, who cast their
ballots during the December 7 and 8, 2012 polls.
The applicants are from some of the 11,916 polling stations,
constituencies and regions where alleged irregularities have been cited by the
petitioners
The applicants, who filed their applications on March 3, 7
and 8, 2013 respectively are being represented by Mr Kwabena Senanu, Mr Stephen
Ahor and Mr Eric Tieku, all legal practitioners.
According to the applicants, their attention had been drawn
to the petitioners’ prayer for votes to be annulled in 11,916 polling stations,
and since they were citizens who cast their ballots and witnessed what happened
on voting day they did not want their votes to be annulled.
According to them, there was the need for them to be heard
by the court, because it was their right under Article 42 of the 1992 Constitution
to vote.
They argued that it would be unjust for their votes to be
annulled because they underwent biometric verification before casting their
ballots.
The applicants attached their voter identity cards as
exhibits to the documents they have filed for the Supreme Court’s perusal.
Also attached to their filed papers as exhibits, were votes
cast in favour of each presidential candidate at their respective polling
stations during the December 2012 presidential polls.
Contention of the 327 applicants
The contention of the applicants were that to the best of
their knowledge and recollection; there were no protests by any political
parties when the results were declared at the polling station level.
They are, therefore, praying the court to offer them the
opportunity to protect their votes.
A particular application, which has Iddrisu Mohammed, as the
lead applicant, with nine others from Dungu Primary School in the Sagnarigu
Constituency stated that, “as voters who had lawfully exercised their franchise,
we say that we are directly interested in the outcome of the petition.”
“We also wish to protect our validly cast votes based on
which the results of the presidential election were declared,” an affidavit in
support stated.
According to them their being allowed to join would protect
their interests, ensure that all matters in the present petition were “fully
and effectually adjudicated upon and determined.
They further contended that they would suffer “irreparable
hardship if our votes were cancelled, in that we would have been denied our
constitutional right to be part of the decision making process of the country,
a right which we are advised by counsel, is guaranteed by the 1992
Constitution; and is inalienable; and which cannot be compensated in any way
whatsoever.”
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