Election 2012 Petition: Asiedu Nketia’s affidavit for NDC, Mahama

General Secretary of the National Democratic Congress (NDC) Johnson Asiedu Nketia has fulfilled requirements of the Supreme Court by filining

an affidavit on behalf of his party, which is the third respondent in the petition challenging results of the December 7/8 Elections, and John Dramani Mahama, first respondent and winner of the elections.

Click here to read the full affidavit.


Election 2012 Petition: Akufo-Addo, Bawumia and Jake file evidence

The petitioners in the Supreme Court case challenging the results of the 2012 Presidential election on Sunday afternoon satisfied the Supreme Court’s order of 2nd April, 2013, by filing affidavits of witness evidence they intend to use to prove their case that the 1st petitioner, Nana Akufo-Addo of the New Patriotic Party, should have been rightfully declared as winner of the December polls and not John Mahama, the candidate of the ruling National Democratic Congress.

The filing of the three petitioners’ affidavit evidence means that the three respondents in the case have up to Friday, 12th April to file their respective affidavits, as well, for hearing to begin on Tuesday, 16th April.

Messrs Egbert Faibille and Alex Quainoo, two of the lawyers for the petitioners, were seen carrying truck-load of boxes of evidence to the office of the Supreme Court Registrar. Over 400,000 documents in all were expected to be filed, with 15 copies of each, supplied to all parties in the suit, plus the nine justices on the panel.

The main affidavit contains 83 paragraphs, which spells out the case for the petitioners, supported by boxes of documentary evidence from polling stations. Thus, in addition to the handful of affidavits filed, the petitioners submitted evidence in the form of colour photocopies of pink sheets (Statement of Poll and Declaration of Results Form) from 11,842 polling stations, where they are disputing the results as declared.

The petitioners have based their case mainly on the facts and figures on the pink sheets, the official document that the Electoral Commission relied on to declare the results of the presidential poll held on 7th and 8th December. They have also grounded their case on clear breaches of the Constitution and other electoral laws and practices in Ghana.

Also, evidence in the form of video, audio and newspaper clippings were submitted by the petitioners Sunday to support their case.

According to the 3 petitioners, Nana Akufo-Addo, Mahamudu Bawumia and Jake Obetsebi-Lamptey, there are six main categories of irregularities, malpractices, violations and omissions in various combinations which affected the results of the election in the 11,842 polling stations, which have irredeemably damaged a total of 4,637,305 votes in the process, and must, therefore, be annulled.

These are laid out in 24 grounds, which are “distinct and mutually exclusive categories in which no polling station can belong to more than one category, thereby avoiding double counting,” the affidavit by Dr Bawumia, the NPP running mate in the election, says.

Also in his affidavit, the 2nd petitioner, Dr Bawumia, makes a startling revelation by stating that many of the 2,883 names supplied by the Electoral Commission as representing the people who were registered abroad to vote were forged, repeated and fell way below the 241,000 which the EC first told the court it registered abroad.

The six broad categories of infractions are (i) over-voting, (ii) voting without biometric verification, (iii) multiple pink sheets with the same serial numbers, (iv) pink sheets without the signatures of the presiding officer or their deputies, (v) same polling station codes for different pink sheets and (vi) unknown polling stations, 23 in all.

To support their case for annulment of votes in affected polling areas, the petitioners have attached a video tape of the Chairman of the EC, Dr Kwadwo Afari Djan, the returning officer in the presidential election. It shows him on 5th December, 2012, addressing the public at a press conference held at the Ghana International Press Centre, Accra.

He is quoted as saying in the video: “Let me also share with you some of the firm decisions that we have taken together with the political parties: NVNV – NO VERIFICATION, NO VOTING. And by verification we mean everybody will have to be verified biometrically. We have agreed in principle that where the votes found in the ballot box outnumber the persons verified to vote, the results of that polling station will be cancelled”.

The petitioners say that the true result of the 2012 presidential election, after it is cured of all the infractions through the necessary annulments, should see Nana Akufo-Addo earning 59.55%, with the first respondent, John Mahama, obtaining 39.17% of the valid votes cast.

They are therefore asking the court to declare that John Mahama was not validly elected and that the court should invoke its constitutional and statutory powers to declare Nana Akufo-Addo as the validly elected president of the Republic.

Over-voting, as explained in the affidavit, were uncovered in polling stations where either votes cast exceeded the total number of registered voters; or votes exceeded the total number of ballot papers issued to voters on voting day in violation of Article 42 of the Constitution and Regulation 24 (1) of C. I. 75.

To underline the strength of their case, which, according to the issues laid down by the court, the petitioners have shown in clear terms that most of the six categories, can on their own, show that John Mahama, the presidential candidate of the NDC, who was declared winner by the EC on December 9, was not validly elected, which requires over 50% of the valid votes cast.

The affidavit of Dr Bawumia, the head of the NPP research team that undertook the statistics analysis of the election results, says that “if the only violations complained of in this petition were the over-votes in the 2065 polling stations and the votes in those polling stations were annulled as required by law, the 1st Respondent, John Dramani Mahama, would have 49.1% of the valid votes cast, and Nana Addo Dankwa Akufo-Addo would have 49.3% of the valid votes cast.”

Furthermore, “if the only violations complained of were voting without biometric verification in the 2,279 polling stations and the votes in those polling stations were annulled, the 1st Respondent, John Dramani Mahama, would have obtained 49.13% of the valid votes cast, and 1st Petitioner, Nana Addo Dankwa Akufo-Addo would have obtained 49.38% of the valid votes cast.”

Also, “if the only malpractice complained of were the instances of same serial numbers for different polling stations with different results in the 10, 533 polling stations and the votes in the polling stations where these occurred were annulled, the 1st Respondent, John Dramani Mahama, would have obtained 41.1% of the valid votes cast, and the 1st Petitioner, Nana Addo Dankwa Akufo-Addo would have obtained 57.55% of the valid votes cast.”

Again, “if the only violations complained of were absence of the signatures of the presiding officers in the 1,826 polling stations and the votes in these polling stations were annulled, the 1st Respondent, John Dramani Mahama, would have obtained 49.45% of the valid votes cast, and the 1st Petitioner, Nana Addo Dankwa Akufo-Addo would have obtained 49.03% of the valid votes cast.”

He goes on to show that, “as a matter of fact, however, these violations, irregularities and malpractices occurred in different combinations in as many as 11,842 polling stations. In the result, I am advised by counsel and verily believe same to be true that what must be taken into account is the impact of the combined effect of these violations, irregularities and malpractices on the outcome of the election as declared by the 2nd Respondent.”

Thus, “if the impact of the combined effect of these violations, irregularities and malpractices on the outcome of the election as declared by the 2nd Respondent is taken into account, the 1st Petitioner is the person who ought to be declared as having been validly elected as President of the Republic of Ghana.”

Source: NPP


Election 2012 Petition: Court dismisses application by 327 voters to be joined

The Supreme Court has dismissed an application brought before it by 327 voters in the 11,916 polling stations cited in the petition filed on December 28, 2013.

The petitioners are Nana Addo Dankwa Akufo-Addo, who stood for elections as presidential candidate of the New Patriotic Party (NPP), Dr Mahamudu Bawumia, his running mate, and Jake Obetsebi-Lamptey, the chairman of the party whose flag Nana Addo bore.

Between 300 and 400 voters believed to be sympathizers of the NDC filed an application to be joined to the case, our correspondent says.

Roland Walker, who was in court on Thursday, reported earlier that Justice Dotse, a member of the nine-judge panel, advised counsel for the voters to follow due procedure in filing the joinder application.

However, the panel ruled by a majority decision that the 327 voters will unduly delay hearing of the substantive petition as adduced by the petitioners.



Election 2012 Petition: Petitioners oppose moves by 327 to join

Petitioners contesting the legitimacy of President John Dramani Mahama have opposed moves by 327 people to join the petition.

According to the petitioners, the request by the applicants, if granted, “will open the floodgates for every registered voter who claims to have voted in the December 2012 presidential election to apply for joinder, if they so desire, and thereby stultify these proceedings interminably”.

They further argued that there was no need for the applicants to be allowed to join the petition because their arguments had been extensively canvassed by President Mahama, the Electoral Commission (EC) and the National Democratic Congress (NDC), who are all respondents in the case.

The 327 applicants, who were drawn from some of the 11,916 polling stations where alleged irregularities took place, had argued that the election had been 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 among those where irregularities allegedly took place.

The first to apply for a joinder was the National Democratic Congress (NDC), which applied to join the petition on December 31, 2012, three days after the presidential candidate of the New Patriotic Party (NPP) in the December 2012 polls, Nana Addo Dankwa Akufo-Addo; his running mate, Dr Mahamadu Bawumia, and the Chairman of the NPP, Mr Jake Obetsebi-Lamptey, had petitioned the Supreme Court challenging the declared results.

In a 6-3 majority decision, the Supreme Court on January 22, 2013 granted the NDC, on whose ticket President Mahama stood for the elections, permission to join the petition.

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.

An affidavit in opposition canvassed on behalf of the others by Mr Obetsebi-Lamptey said, “It is neither just nor convenient to grant this application and I say this is not a case in which this court ought to exercise its discretion in granting the application.”

According to the petitioners, the whole essence of the Supreme Court (Amendment) Rules, 2012 , (C.I. 74) to ensure the speedy determination of any presidential election petition would be defeated if the applicants’ request for joinder was granted.

The affidavit in support said the applicants would in no way be denied their constitutional rights to participate in the decision-making process if the court came to the conclusion that their votes, together with the other contested votes, were annulled in accordance with the electoral laws and regulations of the land.

It said the applicants had also failed to show that their joinder was necessary, adding that the “application for joinder is without merit and brought in bad faith, with the sole purpose of causing undue delay to the determination of this petition, which is of national interest”.

It further pointed out that the election results at the disputed polling stations were not declared in accordance with the electoral laws and regulations of the land, adding that there was no evidence that the applicants cast their ballots in the elections.

“There is no evidence that the applicants cast valid votes in the December 2012 presidential election and that in any event the interest they seek to protect through this application for joinder, the outcome of elections, is adequately protected by all three respondents who are better placed than the applicants to protect the outcome of the elections,” the affidavit in opposition pointed out.

The petitioners suggested that the 327 applicants could serve as witnesses to protect whatever rights they sought to protect, adding, “It is patently untenable that every Ghanaian voter who voted in the 2012 presidential election is entitled to be joined as a necessary party to the present suit.”

They further argued that the applicants did not enjoy the same rights as the petitioners, since “the petitioners are circumscribed by the 21-day statutory limitation imposed on all prospective petitioners from the date of the declaration of results by the second respondent in the presidential election”.

Source: Daily Graphic


NDC allowed in Election 2012 Petition

The National Democratic Congress (NDC) has been granted permission to be joined in the petition brought before the Supreme Court by Nana Addo Dankwa Akufo-Addo, 2012 Presidential Candidate of the New Patriotic Party (NPP), his running mate, Dr Mahamudu Bawumia and their party’s chairman, Jake Obetsebi-Lamptey, challenging the Electoral Commission’s declaration of NDC candidate John Dramani Mahama as winner of the 2012 polls.

The Court gave ruling on Tuesday, January 22, 2013 in a 6-3 majority decision among the panel that is considering the petition.

Justice William Atuguba, the presiding judge, Justice Sophia Adinyira, Justice Rose Owusu, Justice Jones Dotse and Justice N.S. Gbadgbe ruled in favour of the argument presented in court last week by NDC’s lead counsel Tsatsu Tsikata.

Justice Baffoe-Bonnie, Justice Annin Yeboah and Justice Julius Ansah were the three judges who ruled against NDC’s application.

TV3 News’ Thomas Addotei Pappoe reported from the Court on midday news broadcast programme Midday Live that Justice Atuguba stood down the case, which he explained to mean that the panel will re-convene to take decision on the next line of action regarding the substantive petition filed on December 28, 2012.

The registrar is scheduled to communicate the next date of sitting on the petition to the four parties concerned – the petitioners, the EC, John Dramani Mahama and the NDC, the latest to be joined.



NPP “anxious” to have petition heard – Gloria Akuffo

The New Patriotic Party (NPP) wants hearing of the petition filed at the Supreme Court done with, Gloria Akuffo, member of the legal team of the petitioners, has indicated.

She disclosed that that is part of the reason why the counsel withdrew a challenge against the composition of the panel to sit on a joinder application filed by the National Democratic Congress (NDC).

Giving background details while speaking on TV3’s weekend news analysis programme Headlines on Saturday, January 12, 2013, Gloria Akuffo, who was a Deputy Attorney General under Ex-President John Kufuor, said the legal team of the petitioners decided to bring some concerns to Court on Thursday, January 10, 2013 prior to the hearing of NDC’s joinder application.

“We also felt that the right way to do this was to approach the bench and to disclose the concerns in chambers,” she told host Henry Herbert Malm.

She indicated that counsel for the NDC, however, requested that the matter should be heard openly because they do not know the nature of the concern.

This was seconded by the counsel for the Electoral Commission, she said.

Notwithstanding, the Court agreed that the concerns should be heard in chambers but to be put in writing.

“It was a direction of the Court,” she stressed.

“The matter would have been dealt with in chambers,” the Former Minister of Aviation added.

She explained that to avoid ancillary issues dragging the pending petition on unnecessarily, the petitioners’ counsel decided against pursuing the challenge.

“We had an option to pursue the matter or not to pursue it and we decided not to pursue it,” she said. “Indeed, we have written to the registrar. We want this motion to go so that our matter would be heard.”

She pointed out that the entire NPP membership wants hearing of the substantive case to begin.

“I need to explain that we are very anxious to have the matter heard,” she emphasized.

She concluded by saying that the legal team awaits notice from the Supreme Court as regards when the case will continue.

“So it now is the responsibility of the registrar to issue notices when the case will be continued.”



Supreme Court adjourns NDC application to be joined to NPP petition

Hearing of the National Democratic Congress’ application to be joined to the petition filed by Messrs Nana Akufo-Addo, Mahamudu Bawumia and Jake Obetsebi-Lamptey was adjourned indefinitely after the lead counsel for the petitioners, Phillip Addison, requested the Court to take a second look at the composition of the panel.

After initially praying the Court to make his request in camera, Mr Addison was asked to formally put it in writing to the registrar.

It later emerged that the lead counsel for the petitioners wanted a change of presiding judge, Justice William Atuguba, who is apparently a cousin to Dr Raymond Atuguba, who was appointed Executive Secretary to the president on Tuesday.

The judges that were empanelled to sit on the case were Justice Sophia Akuffo, Justice Julius Ansah, Justice Annin-Yeboah, Justice Jones V. M. Dotse, Justice Rose Owusu, Justice Adinyira, Justice Vida Akoto-Bamfo, Justice P. Baffoe Bonnie with Justice William Atuguba to chair them.

The petitioners’ counsel comprised Phillip Addison, Gloria Akuffo, Fred Davis, Akoto Ampem, Kwame Akufo, Nana Asante Bediatuo, Godfred Odame, Egbert Faibille Jnr and Prof. Ken Attafuah.

Several NPP big wigs including Dr Kofi Konadu Apraku, Hackman Owusu Agyemang and Yaw Osafo Mafo were present at the Court.

The NDC was also represented by Tsatsu Tsikata, Sam Kudjoe, Barbara Asamoah, Victor Adawudu and Nana Ato Dadzie.



NPP candidate files petition at High Court

The New Patriotic Party (NPP) parliamentary candidate for Ahafo Ano North in the Ashanti Region, Mr Richard Akuoko-Adiyia, has filed a petition at the Kumasi High Court challenging the declaration of the National Democratic Congress (NDC) candidate, Mr Akwasi Adusei, as winner of the 2012 parliamentary election in the constituency.

This is the first legal challenge to the 2012 parliamentary elections to be mounted from the camp of the NPP.

Last Saturday, the NPP Communications Director, Nana Akomea, hinted on Joy FM that the party would challenge the parliamentary results in 38 constituencies alongside the presidential election, which is already before the Supreme Court.

Chief State Attorney in charge of the Ashanti Region, Mr William Kpobi, confirmed in an interview with the Daily Graphic Tuesday that his outfit had been served with the petition.

The respondents in the case are the Electoral Commission (EC) and the Attorney General’s Department, Kumasi.

Mr Akuoko-Adiyia, through his lawyers, Owusu Bempah Law Chambers, is seeking a declaration that the irregularities practised by the EC officials who were in charge of elections in the constituency affected the authenticity of the elections and therefore rendered the outcome null and void.

The petitioner is also praying the court for any other reliefs that it would deem fit.

In his statement of claim, Mr Akuoko-Adiyia said the elections were regulated by the Public Elections Regulations, 2012 and the Representation of the People Law, 1992 (PNDCL 284).

Besides, C.I. 75, among other things, set the rules by which the elections were to be conducted.

According to the statement, to ensure free and fair elections, various pre-designed sheets were issued out by the EC to gather data for verification and authentication of results from each polling station where elections were held.

The returning officer in the constituency was to fill and sign the sheets which would be countersigned by candidates contesting the election or their agents.

“The purpose of the sheets was principally to serve as accounting and auditing mechanisms in order to ensure compliance with electoral rules and fairness to all the candidates,” the statement said.

It said the EC officials in the constituency in “flagrant disregard for the rules, regulations and guidelines governing the election, either by deliberate conduct or circumstances that can best be explained by them, did not properly account for ballots issued to various polling stations, thus occasioning a serious irregularity.”

The statement further indicated that 835 ballots were not accounted for in 17 polling stations in the constituency because of the widespread irregularities.

It said the elections were also held without biometric verification in three polling stations in contravention of electoral laws as contained in C.1. 75.

The irregularities, according to the statement, affected the authenticity and credibility of the declared results, which gave Mr Adusei 18,841 votes as against 18,418 by the petitioner.

Source: Daily Graphic