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Opinions of Tuesday, 30 April 2013

Columnist: Adofo, Rockson

If the Supreme Court had……

Although the Supreme Court is on the right course to securing justice for Ghanaian voters, she may still be blameworthy. With regard to the petition filed by Nana Akufo Addo and Co. against the Electoral Commission and then Presidential-candidate John Dramani Mahama, the Court has needlessly entangled herself in a cobweb of confusion and delay. Her work would have been made much easier; cut shorter, if the judges had obliged the respondents, especially the Electoral Commission, to deposit copies of the Statement of Polls and Declaration forms (Pink sheets) with the Supreme Court.

I refer my readers to an article I published on Ghanaweb under the Feature Articles of Sunday, 17 January 2013 entitled, "Supreme Court to Determine if Nana Akuffo-Addo is Obliged to release further details to John Mahama & Kwadwo Afari-Gyan before……..?".

Had the Supreme Court done as suggested; and requested the respondents to provide the Court with copies of the pink sheets covering all the 26,000+ polling stations in addition to depositing all the biometric machines used in Election 2012 exercise with the Court, the subsequent allegations of forgeries of documents and tampering with machines would not occur.

The Electoral Commission as we speak, are still committing further crimes by arranging people to sign previously unsigned pink sheets or affidavits. These are not only attempts to exonerate them of blame but also, to obscure the committed electoral irregularities that violate obvious statutes. Would this occur if the Supreme Court had been a bit proactive? The Court is even yet to be reactive? What a disaster!

Furthermore, I find their acceptance of the NDC as joinders to the case not constitutionally motivated but political gimmickry. It is pure waste of time, energy and resources. Constitutionally, the case involves the Electoral Commission and whoever she declared as the winner of the election. These two parties are to be sued as the 1st and 2nd or vice versa, respondents. Anyway, the presence of the NDC in the suit is completely of no essence, President Mahama will obligatorily step down in the event of the Electoral Commission proven to have rigged the election for him.

Another regulatory violation by the Supreme Court although pardonable, is their failure to sit everyday until the case is disposed of. I agree some of them may drop dead from the stand by exhaustion should they sit everyday as opined by the Presiding judge - Justice Atuguba. However, the judges must be scrutinising the evidential hard and softcopies of both the pink sheets and the affidavits as presented to them by both the petitioners and the respondents when on their weekly three days off (break).

Nevertheless, I commend the Chief Justice and the judges sitting on the case to have allowed the live telecast and radio broadcast of the court proceedings. All sensible Ghanaians with exception of pockets of NDC crooks and their apologists like Kwesi Pratt are very appreciative of the live coverage of the Court hearings. By this method, there will be no room for anyone to throw dust into any one's eyes. This will also prepare Ghanaians to accept the eventual declaration of verdict by the Supreme Court, having been already conversant with some issues.

The Supreme Court by the current circumstances regarding the availability or not, of credible evidential documents, is bound to declare nothing but the absolute truth. Were irregularities, omissions, malpractice and fraud committed during Election 2012? If all or some of the listed crimes were committed, do they constitute statutory violations? If they do, how did they impact the outcome of the results and the subsequent declaration of the winner?

What then will the Supreme Court do? Will the court overturn the results in favour of the petitioners, invalidate the results and call for a run-off or simply declare John Mahama still the President because he has already been sworn in and is recognised by some world leaders? We live to see.

We all wish the best for Ghana. We need to always tell the truth rather than cowardly preaching peace in the midst of stinking overflowing injustices.

I wish all the judges well. I pray they have the wisdom of King Solomon and the bravery of Sampson to deliver their verdict. All that I require is justice.