Request for particulars on NPP petition - Supreme Court rules on February 5
The Supreme Court will on February 5, 2013, rule on whether or not, to order petitioners challenging the December 2012 presidential election, to furnish President John Dramani Mahama and the Electoral Commission (EC) with additional particulars of their petition.
The court will also decide whether or not to direct the EC to answer a number of questions set out by the petitioners.
President Mahama and the EC are praying the court to order the petitioners to furnish them with "further and better particulars" with respect to the names and codes of the 4,709 polling stations, constituencies and regions where alleged electoral irregularities took place, but the petitioners are of the view that the court must not allow the EC to employ an application for further and better particulars to compel the petitioners to disclose the nature of evidence they intend to lead during the trial.
Apart from the petitioners’ opposition to the demands of the President and the EC, they filed a motion for leave to serve the EC with a number of interrogatories.
They are requesting the EC to provide them with details of the names and addresses of persons who were registered overseas and the mode and manner those persons were registered.
The petitioners are also asking for declaration forms for all polling stations in the 2012 presidential election, minutes of all meetings held between the EC and political parties between 2010 and 2012 as well as special voters list used in the 2012 presidential election.
A petition to the Supreme Court, dated December 28, 2012, had noted among other things, that irregularities recorded at 4,709 polling stations, favoured President Mahama.
The petitioners are the presidential candidate of the New Patriotic Party (NPP) in the December 2012 presidential elections; his running mate, Dr Mahamadu Bawumia, and the Chairman of the NPP, Mr Jake Obetsebi-Lamptey.
According to the petitioners, 24,000 of the pink results sheets from some polling stations indicated that those irregularities were enough to affect the outcome of the presidential election.
They are accordingly requesting the court to annul results declared in the polling stations where the alleged irregularities were recorded, but the EC, which organised and supervised the elections, has denied the claims, and insisted that the results declared were accurate and credible. President Mahama is the first respondent while the EC is the second respondent in the petition.
On January 29, 2013 National Democratic Congress (NDC), was allowed to join as the third respondent, following its application to the Supreme Court.
The petitioners, who have been present since the court commenced hearing of preliminary issues bordering on the petition, were absent at the court’s sitting in Accra Thursday.
They were represented by the first Vice Chairman of the NPP, Mr Fred Oware, while the General Secretary of the NDC, Mr Johnson Asiedu-Nketiah, appeared on behalf of the NDC. President Mahama was also absent. the EC was represented by a Deputy Chairman of the EC, Mr Sarfo Kantanka.
A nine-member panel, presided over by Mr Justice William Atuguba, with Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr P. Baffoe-Bonnie, Mr Justice G. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo will make a decision on the application from the EC, the petitioners and the President.
Rule 69 A (4) of the Supreme Court (Amendment) Rules, 2012 (C.I. 74), says a respondent may apply for further and better particulars in order to prepare adequately for a case.
The parties in the case are, therefore, relying on this rule to make their claims for additional documents.
Story by Mabel Aku Baneseh
