Election Petition: Persistent Addison overruled again

The Supreme Court has overruled an objection relating to exhibit NDC 32 raised last Thursday by counsel for petitioners. But the matter did not rest - Addison recycled his objection and Atuguba did same.

It related to a legal battle centered on the tendering of exhibit NDC 32 which dealt with same serial number and its counterpart duplicate list.

Lawyer Addison and Tsikata engaged each other along with Justice Atuguba in a cross-fire over objections to the use of the document for cross-examination.

But this morning Justice Atuguba overruled the objection.

“The list of 32 sought to be tendered is based on questions and answers emanating from the exhibits to which it relates. That is a process fully gone through if the evidence relating to it is already on record the list there to which is merely an index to the pink sheets covered by it, is merely facilitatory for tracking the evidence already so covered. The objection to its tender is, therefore, overruled”, the ruling read.

Tsatsu Tsikata then proceeded to give the list back to the star witness Dr. Bawumia, for his cross-examination and asked him to “confirm duplications that are on the list”.

But Addison was up again with another objection. “My lord the question is based on a list that is not before the court”, he said.

He went further. This list is based on what Dr. Bawumia prepared. It was not entirely the same. He said “If you take NDC 33 and compare it to this list, the information here is not on NDC 33”. He should tender it first, Addison intoned.

“We are not allowing those questions to be answered because the primary source is not before the court," he asserted.

Tsatsu said expedition was of necessity to the court. Asked what list he had in his possession, Tsikata said it was different from the one presented by Bawumia.

“It is different," he nonetheless confirmed. His list was 'not really' the information Dr. Bawumia provided, but it had the “relevant parts” of his list and “additional information” he was seeking to ask questions on.

“We are tendering what is relevant," he said. The objection is the same, he said.

A judge gently advised Addison not to revisit the matter. “If for now he wants to use the list you have prepared to help expedite matters” there was “nothing wrong with that," the judge said.

Addison then concluded that, if it was the wish of the court for Tsikata to go ahead to ask the witness questions on a document that is not before the court, similar courtesies should be extended to the petitioners if the time comes.

Atuguba finally ruled against his objection to set the matter to rest.