NDC Counsel Tsatsu Tsikata Exposes NPP MPs

Freda Prempeh to give evidenc

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 will seriously oppose it.

The Third 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 unnecessary.

It is on the basis of 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 would 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 Second petitioner, said that the EC officials had 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 the 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 ballots 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 authorisation from their bosses before annulling the R/C Church Kutre Polling Station results, which were 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 Third 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 four occurring in the Northern Region.