GraphicOnline to provide live update of election petition verdict

All is set for the delivery of judgement in the presidential election petition on Thursday by the Supreme Court.

GraphicOnline would be providing a live update from the courtroom as the nine justices deliver the verdict.

Ghanaians have, for the past eight months, been introduced to legal jargon, general courtroom procedure, objections and counter objections and numerous rulings, thanks to the live telecast of the presidential election petition seeking to annul the 2012 elections.

It would be recalled that on December 7 and 8, 2012, Ghanaians exercised their right under Article 42 of the 1992 Constitution by joining long queues to cast their ballots in the presidential and parliamentary elections.

Voting had to be suspended and continued on December 8, 2012 at some polling stations across the country due to the breakdown of newly introduced biometric machines.

The Declaration

With the powers conferred on him by the 1992 Constitution, the Chairman of the Electoral Commission (EC), Dr Kwadwo Afari-Gyan, on December 9, 2012 declared President John Dramani Mahama as the winner of the presidential poll with 50.7 per cent of the valid votes cast, with the presidential candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo, placing second with 47.7 per cent.

Prior to the declaration of the results, the NPP leadership prevailed upon Dr Afari-Gyan to suspend the declaration because they had uncovered some discrepancies which could affect the final results of the presidential election.

After a marathon meeting with EC officials and members of the Peace Council, Dr Afari-Gyan declined to suspend the announcement of the results on the grounds that the party leadership had failed to prove why the declaration should be halted.

He, accordingly, advised the leadership of the NPP to sue the EC if it felt dissatisfied with the results he was billed to declare.

The Petition

Irked by the EC’s declaration of President Mahama as the winner of the presidential poll, three leading members of the NPP, namely, Nana Akufo-Addo, his running mate, Dr Mahamadu Bawumia, and the Chairman of the NPP, Mr Jake Obetsebi-Lamptey, filed a petition at the Supreme Court Registry on December 28, 2012.

They initially alleged gross and widespread irregularities at 4,709 polling stations, but after further investigations they amended their petition to indicate irregularities at 11,916 polling stations.

The Respondents

President Mahama, the EC and the NDC, who are the first, second and third respondents, respectively, have denied the allegations and indicated that President Mahama won the elections fairly and transparently.

Issues for Consideration

After 10 sittings to consider and rule on more than 21 interlocutory applications filed by parties in the case, the nine-member court set out two issues for trial.

They are whether or not there were statutory violations, omissions, irregularities and malpractices in the conduct of the elections held on December 7 and 8, 2012.

It will also ascertain whether or not the said violations, omissions, irregularities and malpractices (if any) affected the outcome of the results.

Over the period, lawyers for the petitioners have led evidence to justify why votes from some polling stations should be annulled by the Supreme Court, but the respondents have cross-examined Dr Bawumia and sought to point out inconsistencies in his evidence in their bid to maintain the status quo.

As expected in litigations, parties occasionally enter into altercations, while the judges either affably arbitrate or display their authority with firm decisions.

The arbiters were also caught in the crossfire on a few occasions, but that did not undermine proceedings in any way.

It is now time for the nine-member panel, namely, Mr Justice William Atuguba, Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr Justice Paul Baffoe-Bonnie, Mr Justice N. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo to deliver the verdict.

High Stakes

The stakes are high because the petition is seeking to unseat a sitting President.

Follow us on Thursday for a live update.

By Graphic.com.gh / Ghana