Akufo-Addo is winner of 2012 Elections with 56.65%: Petitioner’s evidence

Flagbearer of the New Patriotic Party (NPP) during the 2012 Elections, Nana Addo Dankwa Akufo-Addo, must be declared winner, if duplicate serial numbers on pink sheets will be done away with in the collation of results by the Electoral Commission, Dr Mahamudu Bawumia said while throwing light on his affidavit evidence in court on the second day of hearing the Election Petition.

Dr Bawumia, who is a second petitioner in the suit challenging the December 7/8 Elections and a running mate for Nana Addo during the elections, stated that if the Electoral Commission will annul results of polling stations where there were duplicate serial numbers, John Dramani Mahama, flagbearer of the National Democratic Congress (NDC) will poll 41.96 per cent overall while NPP’s Nana Addo will poll 56.65 per cent.

He also noted that on the grounds of overvoting, there would be a run-off as John Mahama will amass 49.3 per cent while his party’s candidate Nana Addo will get 49.1 per cent.

According to Dr Bawumia, the EC prior to the elections was emphatic of the illegality of any results that will come from a polling center where overvoting would take place.

“This phenomenon of overvoting was one that the EC was emphatic on,” he told the court.

He added that 1,826 polling stations out of the over 11,000 stations where malpractices took place recorded overvoting.

“We will like the court to annul the votes because they are illegal,” he said.

“The findings will have a material effect on the results,” he stressed.

Dr Bawumia’s findings also indicated that there would still have been a run-off if results from polling stations whose pink sheets were not signed by presiding officers were done away with.

“John Dramani Mahama would have had 49.52 per cent while Nana Akufo-Addo would have had 48.96 per cent.”

During cross-examination by Tony Lithur, counsel for first respondent John Dramani Mahama, on Thursday, Dr Bawumia admitted bringing duplicate pink sheets to the court room though he did not use them in his analysis.

Hearing has been adjourned to Monday, April 22, 2013 for Mr Lithur to continue his cross-examination.



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


Petitioners submit particulars on 4,709 polling stations as EC provides number of voters abroad

The petitioners contesting the declaration of President Mahama as the winner of the December 2012 polls have submitted the names and codes of 4,709 polling stations where alleged irregularities took place.

They have also filed the names and codes of the polling stations where voting took place without biometric verification.

President John Dramani Mahama and the Electoral Commission (EC), who are the first and second respondents in the petition are expected to be served with the filed documents before the end of the week.

Pursuant to the court’s order on February 5, 2013, the petitioners are expected to submit further and better particulars on the remaining 7,207 polling stations where the alleged irregularities took place within two weeks.

The petitioners have also filed the amended petition which has increased the number of polling stations where alleged irregularities took place from 4,709 to 11,916, thereby, making 11,916, the official figure in the court’s records.

They filed the amendment following February 7, 2013 permission by the Supreme Court.

The Electoral Commission (EC), for its part, has complied with the Supreme Court orders by answering questions posed by petitioners.

The petitioners, who are the presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo; his running mate, Dr Mahamadu Bawumia, and the Chairman of NPP, Mr Jake Obetsebi-Lamptey, filed a petition at the Supreme Court, dated December 28, 2012 and noted, among other things, that irregularities recorded at 11,916 polling stations, favoured President Mahama but President Mahama and the EC have denied the claims.

Answering interrogatories posed by the petitioners, a table submitted by the EC said the Ministry of Foreign Affairs submitted a total of 2,350 as members of staff, but the EC captured a total of 705 staff during the registration process which took place between September and October 2012.

The EC explained in an answer to interrogatories posed by the petitioners and filed at the Supreme Court registry Tuesday that, 55 persons who registered in Accra, were staff serving in Ghanaian missions abroad but had returned home.

It said the list of foreign service personnel, their dependants, students on Ghana government scholarship abroad and Ghanaians working with international organisations together with the locations and proposed dates of registration was given by the EC to both the NPP and the NDC before the registration abroad took place.

“Honourable Dr Matthew Opoku Prempeh (NPP) and Mr George Lawson (NDC), collected the material on behalf of their political parties in the middle of September, 2012,” adding “no voting took place outside Ghana.”

Countries and cities where registration exercise took place were London, 49; The Hague, 27; Moscow, 34; Berlin, 27; Geneva, 26; Rome, 16; Spain, 3; Cuba, 15; Washington DC, 23; New York, 55; Brazil, 13; China, 20; Seoul, 22; India, 17; Dubai, 19; Malaysia, 13, Addis Ababa, 36; Pretoria, 43; Rabat, 45; Algiers, 28; Cairo, 20; Monrovia, 27, Dakar, 21; Abidjan, 13; Bamako, 11; Abuja, 30 and Lome 7.

The Deputy Chairman in-charge of Finance and Administration of the EC, Mr Amadu Sulley, said the initial provisional figure it announced of registered voters was 13,917,366, but after the conduct of registration of foreign service officials, students abroad on government scholarship, other Ghanaians working abroad with international organisations and the late registration of service personnel returning from international peacekeeping duties, it announced that a “figure of 14,031,793 registered voters.

“This was the figure used in printing the final voters copies which were given to the political parties. Following directives from the court on decision regarding appeals from challenges and objections raised during the exhibition of the provisional voters register under C.I. 72, the number of registered voters stood at 14,031,680,” the EC stated.

According to the EC, “further directives received from the court are yet to be incorporated into the register as well as the recent registrations effected in the Kassena-Nankana District, following the order of the High Court. This will alter the total number of registered voters.

“The voters register is dynamic, not static, particularly, in this era of continuous registration as required by Regulation 9 (C. I. 72),” the EC added.

In answer to whether or not Nana Akufo-Addo or the NPP was notified of the dates of registration abroad, the EC said “the respondent is not obliged by law to allow political party representatives to be present during registration exercises but has done so, in practice, as a courtesy and to enhance transparency.

“It was open to the political parties to have their representatives present at the registration locations abroad if they had so wished,” the EC added.

The petitioners on January 31, 2013, amended their petition which they had filed on December 28, 2012, to request the Supreme Court to annul 4,670,504 valid votes cast during the election at 11,916 polling stations where alleged irregularities were recorded.

They have also introduced the claim that there were 28 locations where elections took place, which according to them, were not part of the 26,002 polling stations created by the EC.

Source: Daily Graphic


Petitioners rescind decision to challenge panel composition

Counsel for the petitioners – Nana Addo Dankwa Akufo-Addo, Mahamudu Bawumia and Jake Obetsebi Lamptey – in the case against the Electoral Commission and President John Dramani Mahama has rescinded its decision to challenge the composition of the panel to consider National Democratic Congress’ application to be joined in the petition.

In a letter written to Registrar of the Supreme Court on Friday, lead counsel Phillip Addison expressed the petitioners’ decision not to pursue their challenge any further in order to allow the substantive petition to be heard.

The counsel on Thursday, January 10, 2013 challenged the presence of Justice William Anaam Atuguba on the panel, claiming he may be influenced as a result of his relationship with newly-appointed Executive Secretary to the president, Raymond Atuguba. 

This decision, therefore, leaves the Court to schedule a date for NDC’s joinder application to be heard.