SUPREME COURT TO HEAR NANA ADDO TODAY

By Felix Engsalige Nyaaba

The Supreme Court will today take evidence from the first witness in the substantive matter of the Election Petition filed by three leading members of the New Patriotic Party (NPP), including the party’s presidential candidate for the 2012 elections, Nana Addo Dankwa Akufo-Addo, his running mate Dr. Mahamudu Bawumia and the party’s chairman, Jake Otanka Obetsebi-Lamptey, challenging the validity of the 2012 presidential election.

The Petitioners, who have named President Mahama, the Electoral Commission (EC) and the Chairman of the Commission, Dr. Kwadwo Afari Gyan and the National Democratic Congress (NDC), the political party on whose ticket President John Dramani Mahama contested the elections as respondents, are claiming the election was rigged by the EC in favor of President Mahama.

The Supreme Court on April 2, this year set out two issues for determination of the trial in the petition case.

The issues set by the highest court of the land were whether or not there were statutory violations, omissions, irregularities and malpractices in the conduct of the elections held on December 7 and 8, 2012.

The court is also to ascertain whether or not the said violations, omissions, irregularities and malpractices (if any) affected the outcome of the results of the 2012 presidential elections.

The hearing today followed directives by the Supreme Court that all witnesses that parties intended to call into the case should come by affidavit and where necessary oral evidence should be taking.

The petitioners and respondents were however giving the opportunity to testify and give their evidence orally.

This decision by the court was arrived after the parties involved in the petition failed to determine the memoranda of issues on their own compelling the Supreme Court to narrow the issues down to two.

However after the orders set by the Supreme Court, the second respondent in the matter, the Electoral Commission (EC)  on April 10, made a U-turn and requested the court to vary it orders for the respondents to file their affidavit after the petitioners  have   present their case.

According to the EC, if they are to also file their affidavit in response to the petitioners, the court would be flooded with many documents which would be difficult for expeditious trial on the case.

 But the nine-member Supreme Court panel, in a unanimous decision threw away the EC’s request, saying the request lacked merit and substance in law.

Today’s sitting  will mark the  first hurdle to open the flood gate  of the hearing of the substantive petition which is calling for the  invalidity of the election of president John Mahama, as president elect during the 2012 presidential elections.

The petitioners are requesting the Supreme Court to annul 4,670,504 of the valid votes cast during the election at 11,916 polling stations where they claim irregularities and malpractices took place.