29.08.2013 General News

John Mahama remains President, Supreme Court affirms

By Daily Graphic
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The Supreme Court has upheld the validity of President John Mahama's election as President of the Republic of Ghana, a decision of the court pronounced moments ago has affirmed.

Justice William Atuguba, presiding, read the decision as the parties sat attentively in open court.

Nana Addo Dankwa Akufo-Addo, 1st petitioner in a brief comment to the media said he was disappointed with the verdict but accepts the decision. He was conviced he had a strong case.

The respondents on their part were happy and full of praise for the court, claiming justice had fairly been done.

Mr. Quashie-Idun, counsel for the Electoral Commission, said the decision goes to the credit of the EC and affirms its good work. Similar sentiments were expressed by Messrs Tsatsu Tsikata and Tony Lithur, counsel for the ruling National Democratic Congress and President John Mahama.

The Decision:
Well, this is the decision we have arrived at:
Upon a scrutiny of the petition, we found that the issues to be determined are as set out at page 125 of the counsel for the petitioners' written address were as follows:

1. Over voting, 2. voting without biometric verification, 3. absence of the signature of the presiding officer, 4. duplicate serial numbers, that is to say occurrence of the same serial numbers on pink sheets for two different polling stations, 5. duplicate polling station codes, that is to say occurrence of different results of pink sheets for polling stations with the same polling station codes, 6. unknown polling stations, that is to say results recorded for polling stations that are not part of 26,002 polling stations provided by the second respondent in the petition.

We unanimously dismiss the claims relating to duplicate serial numbers, duplicate polling station codes, and unknown polling stations, that is for short.

Atuguba, Adinyira, Baffoe-Bonnie, Gbadegbe, and Akoto-Bamfo, dismiss the claim of over voting.

Atuguba, Adinyira, Baffoe-Bonnie, Gbadegbe, Akoto-Bamfo, dismiss the claims relating to absence of signature of presiding officer.

Atuguba, Adinyira, Dotsey, Baffoe-Bonnie, Gbadegbe, Akoto-Bamfo dismiss the claim relating to voting without biometric verification

Ansah, Owusu and Anim Yeboah grant all the three claims, that is to say, over voting, absence of presiding officers' signature and voting without biometric verification, annul the votes involved and order a rerun of the affected areas

Dotsey JSC grants the claim of over-voting but has provided a road-map in his judgement as in the figures of votes to be ascertained and cancelled and a re-run of the areas affected

Dotsey JSC upholds the claim relating to absence of presiding officers' signatures on the pink sheets cancels the results concerned and orders a rerun of the areas affected

Baffoe-Bonnie JSC grants the claim of voting without biometric verification cancels the votes involved and orders a rerun of the areas affected

In the circumstances the overall effect is that the first respondent was validly elected and the petition is therefore dismissed

Our various judgements for the sake of convenience are handed over to the registrar of this court

We highly commend the services of KPMG, the referee appointed to undertake the count of the pink sheet and also the counsels on all sides of this case.

That is our judgement.

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