Tag Archives: Election Petition

“Judgment went 5-4 in favour of the Petitioners” – Sam Okudzeto


A former President of the Ghana Bar Association and renowned lawyer, Samuel Okudzeto, has stated that his analysis of the 588 paged judgment, handed down by the Supreme Court on the presidential election petition, reveals that the judgment went 5-4 in favour of the petitioners.

At a symposium organized by the Danquah Institute to review the Supreme Court’s decision in the election petition filed by Nana Akufo-Addo, Sam Okudzeto stated that the judgment handed down by Justice Atuguba did not establish the fact that the petitioners lost the case.

He was therefore at a loss as to how the Atuguba Court came about the decision that the petitioners lost the case. Continue reading

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ANNUL VOTES FROM 1,772 POLLING STATIONS DUE TO OVER-VOTING


The petitioners in the Presidential Election hearing have explained that the occurrence of over-voting in 1,772 polling stations infringes Article 42 of the 1992 Constitution, the universally acknowledged principle of “one man one vote” and Regulation 24 (1) of C. I. 75.

The petitioners submit that under the Constitution, each registered voter, who casts his/her vote in the manner prescribed by the law, can only have his/her vote counted once, adding that it is the mandate of the Electoral Commission to ensure that this principle is protected.

“It follows necessarily, therefore, that any practice suggestive of over-voting must be outlawed. If there is the occurrence of over-voting, it goes without saying that the franchise constitutionally given to the voter at a polling station has been abused. The result of the election at the polling station in question must be annulled.” Continue reading

BIOMETRIC VERIFICATION WAS TO PREVENT FRAUD AND MULTIPLE VOTING


The use of biometric verification was to ensure that only persons entitled and properly accredited to vote exercise their franchise in accordance with the law, as voting without biometric verification is also linked to the protection of the integrity of the electoral process as well as to the principle of “one man one vote.”

This is contained in the 176-page “written address of counsel for petitioners”, where they explained that on Election Day, the election official needs to be sure that the person arriving at the polling station, apart from the mere production of the required ID card, is the same person whose biometric details are captured on the biometric voters register.

According to the petitioners, the evidence led at the trial shows that 508,837 people voted without prior biometric verification, which in their opinion was unconstitutional, a violation of the law and a malpractice. Continue reading

MULTIPLE & UNACCOUNTED REGISTRATIONS IN VOTERS’ REGISTER & 307,000 UNACCOUNTED BALLOT PAPERS PROVIDED OPPORTUNITY FOR IRREGULARITIES – PETITIONERS


Multiple and unaccounted identities in the voters’ register as well as the over 300,000 ballot papers the Electoral Commission could not account for in the course of the ongoing Presidential Election petition, according to the petitioners, provided an opportunity for the various infractions which characterized the 2012 General Elections to occur.

According to the 176 paged address of the petitioners, the EC’s failure to account fully for the 241,524 persons it claims increased the voters’ register from 13,917,366 to 14,158,890 and the several multiple registrations found in the voters’ register served as a conduit to facilitate infractions like over-voting and voting without biometric verification.

Unaccounted Registrations in Voters’ Register 

The petitioners drew the court’s attention to the Electoral Commission’s answers to the petition and subsequent answers to queries on the voters’ register which the EC was unable to substantiate and which clearly proved the huge imperfections with the voters register.

“In its Answer to the Petition, the 2nd respondent provided an initial provisional registration figure of 13,917,366. The 2nd respondent further claimed that after the conduct of registration of Foreign Service officials, students abroad on Government of Ghana scholarship, Ghanaians working abroad in international organizations, and the late registration of foreign personnel returning from international peace-keeping duties, the figure increased to 14,158,890 registered voters. This represented an increase of 241,524 registered voters over the provisional registration figure of 13,917,366. Continue reading

17 PINK SHEETS EXPOSE EC, RESPONDENTS ON SERIAL NUMBERS, SAYS PETITIONERS


The petitioners in the Presidential Election Petition have reiterated that the malpractice in the use of duplicate serial numbers was compounded by evidence establishing the existence of pink sheets with triplicate and quadruplicate serial numbers that were used for the December 2012 presidential election.

In the “written address of counsel for the petitioners”, they explain that “the critical importance of serial numbers as a security feature which prevented electoral fraud, the swapping of one pink sheet for another and the manipulation of results on pink sheets became manifest” during the cross-examination of Dr Afari Gyan when he was confronted with 17 pink sheets bearing triplicate and quadruplicate serial numbers. Continue reading

EC ADMITS IRREGULARITIES OCCURRED IN 2012 ELECTIONS


The Electoral Commission has stated in its written address that irregularities, indeed, did occur in the conduct of the 2012 elections, however, they are of the opinion that these irregularities did not affect the results as declared by the Chairman, Dr Kwadwo Afari Gyan. However, the EC in its address did not attach any annexures of its analysis to show that, indeed the irregularities did not affect the results of the 2012 elections.

The “Address filed on behalf of the 2nd Respondent” is contained in 15 pages, a clear improvement over the 5-page affidavit sworn to by Amadu Sule, in response to the 2nd Amended petition of the petitioners. Continue reading

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