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2012 Election case adjourned to Thursday as court arguments heat up

By|Nathan Gadugah

Hearing on the Presidential Election Petition has been adjourned to January 31, 2013 following heated exchanges in court on Tuesday.

Counsel for the second respondent- Electoral Commission- had requested the petitioners to present details of the election irregularity it claims it has.

The EC lawyer James quashie idAN insisted their request is to prevent the element of surprise when the substantive hearing on the matter begins.

The request was supported by counsel for the first respondent- President John Mahama who was represented by Tony Lithur.

But lead counsel for the petitioners Philip Addison, vehemently opposed the request made by counsels for the respondents.

Joy News' Anny Osabutey who was in court reported the lawyer for the petitioners as saying the EC is the custodian of all figures and details of the election so it surprising that the second respondent is asking for this information.

He argued that the information the respondents are demanding have been supplied in a summary form as contained in the affidavit.

When Tsatsu Tsikata, lawyer for the NDC, rose to comment on the interlocutory suit served by the petitioners on the EC, demanding actual figure of Ghanaian residents abroad who were registered for the purposes of the election, he was opposed by Phillip Addison. He argued that Mr. Tsikata did not file a formal application on the matter and should therefore not be allowed to speak on the issue.

He felt Mr. Tsikata's attempt to speak amounted to being ambushed in court.

He cited an instance during the hearing of the joinder application where Tony Lithur, who was not a party to the suit at the time, was made to speak without any notification to them.

At this point, the judges had to confer with each other and by six three majority, ruled that Mr. Tsikata may be allowed to make submission only after he has filed a formal application.

Tsikata is expected to file the application on Wednesday prior to the next adjourned date on January 31.

‘Men do not stumble over mountains, but over molehills.’
By: Confucius 

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