Friday, 31 May 2013

AFARI-GYAN EXPOSES PETITIONERS LIES










By:  Felix Engsalige Nyaaba
Accra, Friday  31ST May, 2013.

Dr. Kwadwo Afari-Gyan, Chairman of the Electoral Commission and returning officer of the 2012 presidential election, yesterday began his evidence-in-chief in the presidential election petition at the Supreme Court and exposed all the lies the petitioners have been claiming of irregularities during the polls.
He led evidence on four categories of irregularities as spelt out by the petitioners and rebutted each of the allegations
For instance, Dr. Afarui Gyan took the court through all the process leading to the election, during and after the election and stated that it was not true for the star witness for the petitioners, Dr Mahamadu Bawumia, to state that polling stations were recognised by their serial numbers.
He explained that in his vast experiences in the election process since 1992 where he acted as deputy Chairman in charge of operation under the interim election commission in the country, polling stations have always been recognised by their names and unique codes, adding that serial numbers  captured on results booklets which are also known as the pink sheets.
An earlier attempt by lead counsel for the petitioners, Mr. Philip Addison to stop Afari-Gyan from testifying before the court, had back fired as the Supreme Court unanimously ruled allowing the Election Chief Officer to give evidence in chief.
According to the counsel, Dr. Afari -Gyan did not depose any affidavit filed by the second responded and that the two deputy Chairmen, in the person of Mr. Amadu Sule   and Mr. Sarfo Katanka, Chairman for Finance /Administration and operation respectively,  who deposed the affidavit were present in court and there was no reason given why they could not testified.
But the Supreme Court in its ruling dismissed the objection raised by Addison, on the grounds that Dr. Afari-Gyan is the Chairman of the second respondent which is a party in the case and also the returning officer of the presidential election and therefore his testimony to the court would be of great important.
With regards to the witness experiences in the election system, he said he had worked with the electoral commission since 1992 till date, and that throughout his duty as chairman of the commission, he had never manipulated any results to favour one candidate or the other.
He added that he had also worked for other countries within and outside Africa continent and had also held several position in election related civil organization including the UN, the Commonwealth, AU and ECOWAS bodies.
According to the EC Chairman, he had also helped to draw election procedures for some countries which today democratic election process is being organized peacefully.
Polling Stations
Led by lead counsel for the second respondent in the petition case, Mr. James Quashie-Idun, Dr Afari-Gyan, stated that polling station names and codes were crafted such that anyone conversant with elections would recognise polling stations by letters of the alphabet, except I, for each of the 10 regions of the country.
He said, for example, that the code number for the Brong Ahafo Region begins with G, while those for the Greater Accra and the Ashanti regions began with C and F, respectively.
According to him, no polling agent, as far as he was concerned, had received training on serial numbers as security features, adding that it was surprising to hear from the petitioners witness that the results booklet has serial numbers.
Dr. Afari-Gyan refuted allegations of inadequate voter register provided to the petitioners, adding that the registration which was biometrically compiled for the first time in the country elections system was distributed to all political parties that were registered to participate in the 2012 general elections.
Oversea voting
The Chairman of the Electoral Commission in his evidence in chief to the court that, the EC registered Ghanaian who were either working at the country embassies and High Commission, Peacekeepers , Ghanaian students on going scholarship outside the country and that after  the compilation of the complete register, all the political parties were given copies.
He apart from people who gave notice of proxy voting due to their working schedules outside the country, no one voted outside the country and that the allegation by the petitioners were completely untrue.
“My Lords, no voting took place outside the country, all elections were done in the country and there was no single person who voted outside the country,” he stated.
According to him, the ministry of Foreign Affairs brought a list of 2,000 Ghanaian living outside who were eligible top vote, but when the officials of the EC went to those location giving by the ministry, only 705 people were able to register.
He further refuted the allegation  by the petitioners that copies of the register was not giving them, adding that the register was made available to all parties and the petitioners party was given a copy.
 Special Voting.
On the issue of the petitioners star witness allegation that special voting do not have code numbers, Dr AfariGyan  said the petitioners has refused to study the election process, adding that the special voting has no unique  characters  , except that the vote s are not counted on the same day.
He explained that the special voting could be officially termed as early voting and that it is meant for people whose work in the election day may take them outside their electoral areas where they would not be able to votes, but the polling station is selected from each constituency of the voter and that every constituency has at least one special voting polling station.
The witness further indicated that at the special voting day, all the political parties have their agents represented and that there to ensure that nothing take places to breach the process and the procedure of the election, adding that after the each special voting, the results are kept in the ballot box uncounted sealed by the EC and the parties and only open at the collation centre on the day of the normal elections.
Ballot Paper.
The Chairman of the Electoral Commission explained that, prior to the election day, the process involving all the election material were represented by agents of the political parties and that there was no where  that the EC carried on  the production of any lection material without the participating of the parties.
He said all political parties agents were trained by the EC, about the process and the procedure, including the printing and distributing of election materials including pink sheets and ballot papers to the polling station.
Dr. Afari-Gyan said, apart  from the ballot papers which have serial numbers arranged in order, the rest of the materials especially pink sheets, ballot boxes and Tempo-Envelops have no any serial numbers as been alleged by the petitioners.
He said all parties has always have their representation at all the activities and decision taking by the EC and that there was no where in time did the EC took a decision or print materials in the absence of the parties, adding that there was no legal requirement for parties to be present at everything that the EC does but it was been done for the purpose of transparency.
Voting Without Biometric Verification
On the petitioners’ allegations that some voters were allowed to vote without undergoing biometric verification, Dr  AfariGyan  indicated that it was not true and further pointed out that he was not aware that there was any formal complaint in that regard.
According to him, the Colum on the form where it was provided that persons who voted without verification was later taking out after the parties have agreed that ,” No verification , No vote and that the only people in the election process who were allowed to vote without finger  verification were persons who have no fingers at all.
He said people who were to be voted without their finger verification were already known by the machines as they were captured during the registration as face only (FO) in the system.
No Signature on Pink Sheets
Witness admitted that the EC had trained polling agents and presiding officers to sign pink sheets after the declaration of results and then forward the sheets to the collation centre.
He stated, however, that nowhere had a presiding officer lodged a formal complaint on why he/she had not signed a pink sheet, adding that if a presiding officer failed to sign it could be constituted as irregularity but it has no significant on the results since there was no formal protest.
Poling Agent Duty
Touching on the allegation that polling station agents are just mere observers, the EC boss stated that the polling agents were part of the election process and have important role as the election officers.
He said the poling agent’s duty was to ensure that there was no impersonation and over voting and others, adding that if the polling agent failed to perform his duty, he or she risk of facing the crime of perjury.
Petitioners Meeting with the EC/ Peace Council
On the issue of the petitioners first attempt to stop the declaration of the election, Dr Afari Gyan said the election results was received from all the regional election headquaterter  which were transmitted from the collation centre .
According to him, at the collation centre, all parties agent  were present and if they are not satisfied with the results tally to their candidates, they raise objection dna ask for recount.
He said at no certain in time did the EC receive complain from the collation centre or regional headquarters of  recount, adding that it was when the EC starting receiving results  at its strong room that the petitioners agents present raised complain.
He said at the strong room, each region has a fax machine and any time results from the region comes, the parties representation look at them and when satisfied they sign and forward same to him to sign.
 He said it was during that time that Chairman of the NPP wrote a letter complaining of irregularities in some polling stations in some regions, but when they were confronted to bring evidence they brought only two polling station pink sheets and that was insufficient evidence to stop the EC from declaration the result.

Blank Spaces on Pink Sheets
Touching on allegations by Dr Bawumia that blank spaces on pink sheets gave room for over-voting, Dr Afari Gyan denied that assertion and said, he advised the officers to put zero to avoid any manipulation.
Dr. AFari Gyan in his evidence described the irregularities alleged by the petitioners as transpositional   errors, adding that before one make allegation of the irregularities the entire form of the election results must be properly analyzed before a conclusion is draw of violation.
The Petition
The hearing of the substantive petition, which has the Presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo, his running mate, Dr Mahamadu Bawumia and the Chairman of the NPP, Mr Jake Obetsebi-Lamptey, as petitioners began on April 17, 2013.
The petitioners have alleged that the December 7 and 8, 2012 presidential election was fraught with malpractices of over-voting, non-signing of pink sheets by presiding officers or their assistants, voting without biometric verification and duplicated serial numbers of pink sheets.
However, President Mahama, the EC and, the NDC have denied that any such irregularities occurred during the election.
Dr.Afari Gyan returns to the court on Monday June 3, to continue his evidence.


No comments:

Post a Comment