Tsatsu Tsikata - NDC lead counsel
Posted on: www.dailyguideghana.com
By William Yaw Owusu
Tuesday, May 14, 2013.
The Supreme Court hearing the landmark Presidential
Election Petition will this morning hear a motion in which the ruling National
Democratic Congress (NDC) is seeking to cross-examine some witnesses of the
petitioners, including a member of parliament (MP).
The motion is expected to be greeted
with fireworks, as the petitioners have served notice that they would seriously
oppose it.
The 3rd respondent in the petition led by
Tsatsu Tsikata as counsel who came into
the petition by way of a joinder, wants to cross-examine one Kwabena Twum
Nuamah, Eugene Sackey, Freda Prempeh, NPP MP for Tano North in the Brong Ahafo
Region and Abdulai Abdul Hamid who all swore affidavits as witnesses for the
petitioners.
The witnesses have alleged in their affidavits
in support of the petition that the Electoral Commission (EC) annulled some of
the polling stations’ results in their constituencies where there were
over-voting and other alleged irregularities.
The court in setting out the rules for the trial held
that all prospective witnesses would have to swear affidavits and added that
only the petitioners were mandated to give oral testimony in the trial except
where it is necessary.
It is on this that Mr
Tsikata, filed a motion yesterday to cross examine some of the witnesses of the
petitioners, who had sworn the affidavits.
However, the petitioners have said they will oppose the move, describing the NDC’s attempt as misplaced.
Gloria Akuffo, a member
of the legal team of the petitioners, stated that they were opposed to the
motion filed by the NDC.
The NDC is insisting that getting those witnesses to
be cross-examined will help to unravel issues surrounding the annulment of some
polling stations as claimed by the petitioners.
The affidavit in opposition deposed to by Dr.
Mahamudu Bawumia, the 2nd petitioner, said that the EC officials have
already deposed to an affidavit in support of the annulment of the polling
stations where due to irregularities, the results were annulled.
Amadu
Sulley, a Deputy Chairman in charge of Finance and Administration, who sources
say EC Chairman, Dr. Kwadwo Afari-Gyan has given the power of attorney to
become the commission’s principal witness in the petition, said in his supplementary
affidavit of April 29, 2013 that they only got to know about the said
annulments just recently even though the commission had initially denied
categorically that there were annulments of some polling station results.
As
if that was not enough, the Northern Regional Director of EC, Sylvester Kanyi also
deposed to an affidavit, claiming that neither the District Electoral Officer nor
the Returning Officer drew his attention to the annulments of the four polling
stations.
He
attached to his affidavit, statements purportedly signed by Meshanu Kasimu
Hamisu (Returning Officer for Nalerigu-Gambaga Constituency), Iddrisu Evans –
Presiding Officer for T/B Nanyeri polling station the man who refused to sign
the affidavit prepared for him, Bawah Rukaya – Presiding Officer of Police
Station Langbinsi, Mahamudu Samacheni–T/B Bongni as well as Samuel Klu –
Presiding Officer of L/A Primary School Kulgona, who all confirmed the results
were annulled because there were more ballot in the box than required.
Iddrissu Adam Abass, Returning Officer of Berekum
East Constituency and Abinah Charles Kwaku in their affidavits also claimed
that they did not seek authorization from their bosses before annulling the R/C
Church Kutre Polling Station results where it was in excess of 8 votes in their
affidavits.
The petitioners are holding that in the light of the
admissions already made by the EC officials, there is no need for the witnesses
of the petitioners to be cross-examined by the 3rd respondent.
The
polling stations where the petitioners are claiming the EC annulled results are
found in Brong Ahafo, Eastern and Northern Regions.
There
are six polling stations involved with Northern Region having four.
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