Monday, August 26, 2013

OBJECTION! OBJECTION!! OBJECTION!!! HOW NINE JUDGES RULED IN ELECTION PETITION

Once upon a time, NDC supporters flooded the court with canes in the full glare of the police.

Posted on: www.dailyguideghana.com

William Yaw Owusu,
Reporting from the Supreme Court,
Accra

Monday, August 26, 2013

Privilege Information
Mr. Tsikata wanted Dr. Bawumia to explain the manner in which the Commissioner of Oath’s stamps were endorsed on the pink sheets and whether the petitioners exhibits were prepared in the presence of the petitioners legal team. In the process, Mr. Lithur jumped in to offer support for the NDC counsel but Mr. Addison objected and asked whether Mr. Lithur was now acting as counsel for the NDC.

The court unanimously ruled that “the intervention of Tony Lithur regarding the objection of the petitioners to Tsatsu Tsikata’s question on grounds of relevancy is disallowed.”

However, the court sustained the objection of Mr. Addison “in so far as questions relating to which of their legal team members were present” at the time the Commissioner of Oath was endorsing the exhibits since Mr. Addison was able to argue that the 3rd respondent counsel’s questions bothered on lawyer-client relationship.

On Tuesday, May 7, 2013 Mr. Addison objected to Mr. Tsikata’s persistent attempt to ask Dr. Bawumia to identify documents that counsel said was not emanating from the witness but the court after a lengthy argument overruled the objection  saying “we have considered the objection raised and have come to the conclusion that the question posed by the 3rd Respondent’s counsel is covered by Section 74 of the Evidence Act 1975 NRCD 323 and paragraph 27 of the 3rd Respondent’s amended answer dated 26th February 2013.”

Before Mr. Tsikata proceeded, Justice Atuguba said “we wish to make one thing clear that the questions relating to polling agents signing, they were present and all that, those questions have been sufficiently covered and the documents also evident them, so let’s leave out those lines of questions and proceed,” this was after Mr. Tsikata repeatedly asked the same set of questions.

Bad Faith
The court again overruled an objection by Mr. Addison on the question of a pink sheet which Mr. Tsikata introduced to prove a case of bad faith against the petitioners. He had argued that the pink sheet in question was replete with irregularities and that the petitioners deliberately left it out because it was in the stronghold of the NPP but Mr. Addison rebutted saying that the pink sheet in question was not part of 11,842 pink sheets they brought and that Mr. Tsikata was trying to set up “entirely new case.”

“Insofar as the question objected to, seeks compositely to portray that there are other pink sheets with malpractices of the kind in respect of which the witness has testified that they should be annulled, the objection is overruled. However, beyond such composite questions, the questions cannot be allowed in as much as the 3rd respondent’s turn to testify along this line is yet to come,” the panel held.

On Wednesday, May 8, 2013 the court sustained Mr. Addison’s objection to the extent that composite questions allowed the 3rd respondent “does not involve any list of documents to be put to the witness.”

The court overruled Mr. Addison’s objection that Mr. Tsikata was trying to ‘trick’ Dr. Bawumia to answer how many polling stations the petitioners analyzed since the witness had previously answered that they worked on 24,000 pink sheets even though there were 26,002 polling stations.

Addison Punches Tsatsu
There was a fierce argument when Mr. Tsikata called Dr. Bawumia dishonest in the course of putting it to him that “if you were honest in examining the 24,000 polling stations that you claim you examined, you would have found numerous instances of practices that you are now claiming are malpractices.”

Mr. Addison did not take kindly to the NDC counsel’s tag of the witness as dishonest and said “My lords I do not know why counsel cannot ask questions without using words like honesty; it is quite surprising coming from him talking about honesty. This kind of words that he has been using, we have said that we do not want to reply in kind. He should choose his words carefully. There was no need at all to address the witness that he has been dishonest. Coming from him is quite rich.”

Justice Atuguba intervened saying “Let us try to be impersonal, professional in this matter. The question he is putting has nothing to do with his personal, he is not the witness. So his particular this thing is not in issue.”


Nana Akufo-Addo & Dr. Bawumia, leaving the court

Pink Sheet Count Ordered
On Thursday, May 9, 2013, the issue of how many pink sheets were actually filed by the petitioners as exhibits came up strongly once again in the cross-examination and the court had no option but to appoint an independent referee for the exercise. The court with the consent of all the parties then appointed KPMG, an international accounting firm to count what had been filed at the court’s registry.

KPMG Terms of reference
The referee was tasked to “make a true and faithful count to all the said exhibits of pink sheets according to and under the various categories of alleged electoral malpractices in issue before this court as follows: The said allegations as appearing contained and specified in paragraphs 44 - 67 of the affidavit of the 2nd Petitioner relating to the Presidential Election Petition pending in this court filed in the registry of this court on the 7th day of April 2013.”

They were to look out for each pink sheet, the polling station name and its code number and exhibit number, (if any) in the presence of two observers each from the parties.

On Monday, May 13, 2013, Mr. Addison objected to an attempt by Mr. Tsikata to ask Dr. Bawumia a question on pleadings that had been abandoned by the petitioners saying “it is just to find a way to ask questions about the original petition. This court has ruled on that, he cannot go back there” and the NDC counsel backtracked.

Mr. Quashie-Idun at a point also cut in to object to Dr. Bawumia’s use of the word “lie” to  describe the actions of the EC and Justice Atuguba said “The problem is until the evidence enfolds, you cannot know that what he is saying is correct or not.”

Respondents to Call Petitioners’ Witnesses
On Tuesday, May 14, 2013, series of applications filed by the respondents to call some witnesses including an MP (Freda Prempeh of Tano North) who swore affidavits for the petitioners, flooded the court.

No Bukom Blows!
At a point, Mr. Tsikata once again called Dr. Bawumia “dishonest” in trying to put a question to him that the petitioners also made mistakes in compiling the exhibits but the witness reacted saying “there is an error but there is no dishonesty. If you want to be honest with the court let us put down my analyses. If you are not afraid of the truth and show me one repeated polling station.”

Justice Atuguba then said “just state your answer without any Bukom Blows!”



Jake’s Letter
By a majority decision, 8 – 1 with Justice Anin Yeboah dissenting, the court overruled an objection by Mr. Addison that Mr. Tsikata could not tender in evidence and follow up with questions on a letter purportedly written by Jake Otanka Obetsebi-Lamptey, the 3rd petitioner to the EC about the impending declaration of the election results.

The court again unanimously sustained Mr. Addison’s objection that Mr. Tsikata was repeating questions in respect of the same serial number category.

Bad Faith Again
On Wednesday, May 15, 2013 the court overruled the previous day’s objection raised by Mr. Addison when Mr. Tsikata again introduced a case of bad faith against the petitioners but the petitioners’ counsel said it had not been pleaded.

In the same ruling the court said “however, in so far as the said question stands to re-plough grounds previously covered by the 3rd Respondent’s cross-examination, the objection is sustained.”

Unknown Polling Stations
The court sustained an objection by Mr. Addison that once the 22 polling stations the petitioners’ claim  are unknown which Mr. Tsikata was seeking to tender in evidence were not in dispute per Mr. Asiedu-Nketiah’s affidavit, “there is no residue of relevancy to which the tendering of the same can relate.”

Application to Recall Witnesses Heard
On Thursday, May 16, 2013, the series of applications filed by the respondents to call the petitioners witnesses to testify were called simultaneously and moved accordingly before the petitioners opposed the moves.

The court unanimously refused the respondents application saying “we think that these and any further evidence will suffice to enable us assess the various factual matters involved without the protraction involved in the cross-examination of the witnesses covered in these applications.”

The court deferred the tendering of a document the 3rd respondent had prepared in respect of same serial numbers and which Mr. Addison had insisted the petitioners had already provided information on.


NDC gurus! Dr. Kwabena Adjei, Yaw Boateng Gyan & Johnson Asiedu-Nketiah
“The witness, it is said by Ansah, Owusu, Anin-Yeboah and Gbadegbe JJSC, can identify the document and tender it later, Adinyira, Dotse, Baffoe-Bonnie and Akoto-Bamfo JJSC, the witness can tender it during re-examination. Atuguba, JSC - the court has power under Section 69 of the Evidence Decree to annul the tendering of the document at this stage. Per Anin Yeboah, JSC, the court must have the document or else the cross-examiner cannot proceed any further,” the court held.

On Monday, May 20, 2013, when Mr. Addison objected to Mr. Tsikata’s tendering of a list of 32 exhibits relating to same serial numbers, the court unanimously overruled counsel saying “if the evidence relating to it, is already on record the list there too which is merely an index to the pink sheets covered by it is mere facilitatory of tracking the evidence already so covered.”

Immediately the court admitted Mr. Tsikata’s document he sought to ask questions on the ones he did not tender and when Mr. Addison objected he was again overruled.

Pink Sheet Count Controversy
On Tuesday, May 21, 2013, even before proceedings commenced, Mr. Tsikata followed by Messrs Lithur and Quashie-Idun took turns to claim that the boxes containing the exhibits to be counted by KPMG had increased from 24 to 31 while Mr. Lithur even said it had moved from 24 to 33. Mr. Tsikata at a point indicted the court’s registry when he imputed ‘criminality’.

Mr. Addison hit back saying “it is obvious that somebody has sinister agenda to deprive the petitioners the opportunity to fully put forward their case. That is the only reason that explains this strenuous attempt to derail a process we have all agreed upon. The order of this court was a consent order agreed to by the parties. It started well, except for some people it did not start well. The representative for the EC is said to have remarked that they were expecting shortages but what they started experiencing was overages.”

The court then asked the respondents to put before the referee any concerns they had for the referee to incorporate in its report. Mr. Tsikata then said that subject to the KPMG final report on the count, he was ending his cross-examination of Dr. Bawumia.

Bawumia Re-Examination
On Wednesday, May 22, 2013, when Mr. Addison tried to re-examine Dr. Bawumia, there were persistent objections from all the respondent’s counsel and the court in each case had to rule on the emerging issues.

The first objection was sustained while in the second, a majority decision of 7-2 with Justices Gbadegbe and Akoto-Bamfo dissenting, again overruled the objection.

704 Polling Stations & CD Rom
A list of 704 polling stations that the petitioners said they  are no longer relying  on was tendered in evidence while the tendering of a CD Rom containing the electronic version of all the exhibits was vehemently opposed by the respondents . The court sustained the objections.

The court overruled an objection by the respondents when they tried to prevent Dr. Bawumia from tendering a list as regards the category section which he said was to counter a previous list Mr. Tsikata had tendered as Exhibit NDC 32.

The court by a majority of 6-3 with Justices Ansah, Owusu and Anin Yeboah, dissenting, sustained Mr. Lithur’s objection of “there was no ambiguity in Mr. Addison’s question.”

The court again overruled a question by Mr. Addison when Justice Atuguba said “it came in the form of question under cross-examination.”

To be continued on  Tuesday.


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