General News of Thursday, 17 January 2013
Source: The Republic
Nana Akufo Addo and his legal team, were yesterday given a taste of what is in stock for them as far as their election petition to the Supreme Court is concerned when Tsatsu Tsikata deployed a gist of his prowess to make a case for a possible favourable verdict for NDC’s Joinder Application.
And as the former Chief Executive of GNPC and legal gem delivers his points to show cause why his client, the National Democratic Congress should be allowed to join as a defendant in the NPP petition, the bewilderment was obvious from the looks of his NPP counterparts who watched in admiration.
Mr. Tsatsu Tsikata, who displayed his vast legal experience and knowledge in presenting and arguing out the NDC’s application case to the admiration of those present, proved to be too tough for the New Patriotic Party legal counsel to handle.
After hearing arguments from lawyers for the applicants and counter arguments from lawyers for petitioners who are opposing the application, the Supreme Court has set January 22 to give its ruling on the motion filed by the National Democratic Congress seeking to be joined as a respondent to the presidential election petition brought by New Patriotic Party leaders, Nana Akufo-Addo, Dr Mahamudu Bawumia and Jake Obetsebi Lamptey.
Mr. Tsatsu Tsikata, representing the NDC, moved the motion for a joinder as a respondent to the presidential election petition, arguing that it was only fair and Just to allow the NDC join the case because any decision reached by the court will directly affect the NDC as an entity.
Mr. Tsatsu Tsikata further argued that President John Mahama did not contest the election as an Independent candidate but on the ticket of the National Democratic Congress for which reason the party must be allowed to join the case. He also averred that if the legitimacy of President John Mahama is being questioned, the party that put him for election is affected greatly and must be allowed to join the president a respondent.
Explaining the constitutionality and the legal bases on which the NDC has applied to join the motion, Tsatsu Tsikata cited string of authorities on this particular matter beyond the constitution and the legislative instruments that have come and gone in this country.
He subsequently prayed the Supreme Court to allow the party to join the petition challenging the declaration of President Mahama as winner of the December polls, because the governing party has a vested interest in the case. Barring any unforeseen circumstances the nine Justices will rule on January 22.
The petitioners are seeking to annul the 2012 election results declared in favour of President John Mahama by the Electoral Commission. They claim over 1.3 million votes were illegally counted and are praying the court to strike out the illegal votes.
Both the first respondent, President John Mahama and the second respondent, the Electoral Commission have rubbished the allegations and are calling on the court to dismiss the writ.
Last week Thursday when the NPP’s lawyers proposed an in-camera hearing of an objection they intended to make against the panel hearing the petition claims, Mr. Tsatsu Tsikata, the Lead Counsel for the NDC objected to their game plan and made it clear that the rules of the Supreme Court states that all hearings of electoral petitions are heard in open court.
Mr. Tsikata leads other lawyers including Tony Lithur, former Chief of Staff Nana Ato Dadzie, and Dominic Ayine who are part of the NDC’s legal team seeking to join the NPP’s petition at the court.
The NPP legal team on the other hand is led by Philip Addison comprised, Prof. Ken Attafuah, Egbert Fabille, Gloria Akuffo, Kwame Akuffo and Akoto Ampah.