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General News of Tuesday, 5 March 2013

Source: Daily Guide

Start the case: Akufo-Addo writes to court

The legal team of the New Patriotic Party’s (NPP) 2012 presidential candidate, Nana Addo Dankwa Akufo-Addo and two other party big shots challenging the validity of the Electoral Commission’s (EC) declaration of John Mahama as winner of the December 2012 polls, yesterday filed an application asking the Supreme Court to set out directives for the trial to commence.

The legal team, in its application, further prayed the Court to give directives that seven clear days before the trial commences, it should be furnished with the list of all witnesses plus a brief summary of the nature and relevance of each witness’ testimony.

It also asked that the Court should determine the value of the testimony of each witness.

A member of Nana Addo’s legal team, Godfred Yeboah Dame, explained to DAILY GUIDE that the team is also asking the court to determine whether or not during the December 7 and 8, 2012 elections, the Electoral Commission allowed voting to take place without prior biometric verification at some polling stations.

He said the team further wants the Court to determine whether or not the ballots cast without prior biometric verification at the polling station were taken into account by the Electoral Commission in the final declaration of the results of the December 7 and 8, 2012 polls.

Lawyer Dame said his team wants to know whether or not in some instances, the total votes cast exceeded the number of ballot papers issued to voters at polling stations.

It further wants to know whether or not there were instances where the total votes cast at particular polling stations exceeded the total number of registered voters at those polling stations.

The team is also seeking a determination on whether or not there were several instances where different results were recorded on the Statement of Polls, also known as Pink Sheets, and different results recorded for the Presidential candidates at the same polling station.

It is seeking a determination on whether or not there were some 28 locations where voting took place, whereas those 28 locations were not part of the official number of polling stations provided by the Electoral Commission to the political parties.

The team is seeking a determination of whether or not the instances of statutory and regulatory violations, malpractices and irregularities affected the results of the polls of December 7 and 8, 2012.

It is asking for a determination of whether the votes recorded as a result of the instances of statutory and regulatory violations, malpractices and irregularities should not be annulled.

Nana Addo’s legal team also suggested that the court should allow the parties to adopt the use of audio visual aids in the presentation of evidence.

The Court would be sitting to hear the application on Thursday, March 14.

Nana Akufo-Addo, his running mate Dr Mahamudu Bawumia and NPP chairman Jake Obetsebi-Lamptey filed a petition at the Supreme Court challenging the EC’s declaration of John Mahama as winner of the 2012 polls.

The petition initially named the Electoral Commission and President John Mahama as respondents; but the National Democratic Congress (NDC) later applied to join the case which the court granted.