NANA VRS MAHAMA: 80 NDC JOIN WRIT

Supporters of the NDC such as these, want to join the petition

Posted on: www.dailyguideghana.com

By William Yaw Owusu

Thursday March 7, 2013.

The petition in which three leading members of the opposition New Patriotic Party (NPP) are challenging the declaration of John Dramani Mahama as President by the Electoral Commission (EC) in the December 7&8, 2012 general election is taking a new twist.

This is because nine different groups of the ruling National Democratic Congress (NDC) supporters, making up 80 individuals have filed applications asking the Supreme Court to allow them to join the petition.

The joinder applications by the NDC surrogates are seen as a ploy to delay the court process.

Imminent Delay

As it is, if the highest court of the land allows them to join, the progress made so far in the case would be grounded to allow the applicants to file their answers to the petition.

Some legal experts are of the view that the latest attempt by the applicants although a constitutional right, is calculated to drag the trial so that the petition is never heard but others believe that it is about time the court took a firm stance to deter others from toying with the petition and reputation of the process.

Source of Application

Strangely, it was after the court ordered the petitioners to give ‘further and better particulars’ to the respondents that the instant applications started flooding the court’s registry.

All the applications have the stamps of Urafiki Law Consult, Ghana Commercial Bank Main, 1^st Floor, Near Meridian Hotel, Tema and it showed that they were all prepared from that chamber.

In fact, a cursory look at all the applications would show that the applicants are initiating the action after the petitioners were made to provide details of all the polling stations where they claim irregularities or malpractices occurred.

All the applications state that “We are surprised to hear that the petitioners have in the present petition identified our polling station as one of those whose entire results should be annulled by the Honourable Court on grounds stated in the said petition.”

Applicants Unmasked

Strangely, the applicants who are coming from different regions of the country have the same averments in their affidavits in support of the motions for joinder and they also have the same addresses as group members.

The first group (10 individuals) to file the motion has one Dusime David of Kaneshie Gadakope in the Awutu Senya East Constituency in the Central Region as deponent.

All the group members have similar address and the deposition was made at Kasoa on February 25, 2013 before a Commissioner of Oaths called ASP (Rtd) W.E. Domie and they cite B111204 as their polling station code.

In the case of the second group (10 individuals), the deponent is William Kofi Asante of Apeguso in the Asuagyaman Constituency in the Eastern Region on February 28, 2013. The deposition was made before M.K. Agbomadzi, a Commissioner of Oaths in Koforidua on February 28, 2013. They cite E011503 as their polling station code.

The third application (10 individuals) was deposed to by one Simon A. Mumuni of Sogashei in the Sagnarigu Constituency in the Northern Region. They cite H200903 as their polling station code and the application deposed to before a Commissioner of Oath at the Tamale District Magistrate.

The next application is a group of seven people led by one Gameli Dosoo of Kasoa in the Awutu Senya East Constituency as the deponent.

They cite B110706 as their polling station and have ASP (Rtd) W.E. Domie as their Commissioner of Oaths.

In the fifth group of four individuals, one Patrick Kofi Mensah of Agavenya in the Yilo Krobo Constituency is the deponent. They cite E040901 as their polling station code and the deposition is certified in Koforidua by M.K. Agbomadzi, a Commissioner of Oath on February 28, 2013.

The sixth application has 10 individuals led by one Alhassan Baba of Zgyuri in the Sagnarigu Constituency in the Northern Region. They cite H201102 as their polling station code and their deposition on February 27, 2013 is certified by the Commissioner for Oaths at Tamale Magistrate Court.

In the next application of 10 individuals, one Iddrisu Mohammed of Dungu in the Sagnarigu Constituency in the Northern Region is the deponent. They cite H200902 as their polling station code and the deposition on February 27, 2013, was supervised by the Commissioner of Oaths at Tamale Magistrate Court.

The final application made up of nine individuals was deposed to by one Stephen Ametepey of Adam Nana in the Awutu Senya East Constituency of the Central Region. They cite B110801 as their polling station code and their deposition without any date was supervised by ASP (Rtd) W.E. Domie, a Commissioner of Oaths at Kasoa.

They have all attached photocopy of their voter identity cards as exhibit and they all appear to provide a tally of the results recorded in the presidential ballot in their various polling stations.

Arguments

Their line of argument appear similar to what the 1^{st respondent} (President John Dramani Mahama) and 3^{rd respondent,} (National Democratic Congress - NDC) cited in the main petition filed as their answers.

They are claiming that there were no protests by any of the contesting political parties when the results were declared and added that the process were so “transparent and compliant that after the declaration of the results, there was no dispute about the winner; and we all accepted the results as true and binding on us in the said polling station.”

“As voters who had lawfully exercise their franchise, we say that we are directly interested in the outcome of the petition. We also wish to protect our validly cast votes, based on which the results of the Presidential elections were held.”

They say that since the petitioners are seeking to annul some votes, the court should allow them to join the case to protect their votes.

“We would suffer irreparable hardship if our votes were cancelled, in that we would have been denied our constitutional right to be part of the decision making  process of the country, a right which, we are advised by counsel, is guaranteed by the 1992 Constitution and is inalienable and which cannot be compensated in anyway whatsoever.”

The court has fixed March 14, 2013, to hear all the motions.

The petitioners

The NPP presidential candidate, Nana Addo Dankwa Akufo-Addo, his running mate, Dr. Mahamudu Bawumia and the party’s Chairman, Jake Otanka Obetsebi-Lamptey are the petitioners in the case.

They have petitioned the court to investigate the results declared in 11,916 polling stations since they say they have evidence of irregularities and malpractices in those polling stations which could nullify the votes in those polling stations.