Irregularities largely benefitted Mahama - NPP

Lead Counsel for the petitioners, Philip Addison, yesterday suggested to Chairman of the Electoral Commission, Dr. Kwadwo Afari-Gyan, that all the major irregularities which characterized the December 7th 2012 presidential election largely benefited John Dramani Mahama, 1st respondent and presidential candidate for the National Democratic Congress, in the election.

Counsel Philip Addison, who has been cross-examining the EC Boss for a number of days, first tendered in the list of 833 unique polling station pink sheets which were counted by KPMG as part of the president of the panel’s set, but not part of the registrar’s set of pink sheets, which the court accepted is part of the case of the petitioners together with a unique list of 1,219 identified in the list of 1,545 pink sheets KPMG classified in their final report as unclear.


In ending his cross-examination, Counsel Addison put to the EC boss various numbers on the votes affected in each identified category of irregularity, over voting, voting without biometric verification, absence of signature of presiding officers and duplicate serial numbers, and how it affects the two main candidates in the election.


These figures are based solely on the polling stations captured in the KPMG report and part of the 11,138 polling stations the petitioners are currently relying on. These polling stations in all are 10,081.


Counsel Addison put it to Dr. Afari-Gyan, that based on the 10,081 polling stations, the votes affected as a result of the constitutional and statutory violation of over voting totaled 742,492, which all have to be annulled. He indicated that out of this number, 502,013 benefited John Mahama and would have to be deducted from his total declared votes while 225,155 will have to be deducted from the votes of the 1st petitioner, Nana Akufo–Addo.


On the irregularity of voting without biometric verification, Counsel Addison put to Dr. Afari-Gyan that a total of 810,827 votes are affected, and thus would have to be annulled should the court accept the arguments of the petitioners. He noted that out of this, 558,236 went in favor of John Mahama and would thus have to be annulled from his total votes declared while 234,161 votes will similarly have to be deducted from the votes of Nana Akufo–Addo.

Touching on the irregularity of absence of presiding officers signature on the statement of poll and declaration of results form (Pink Sheet), Counsel Addison stated that 659,135 votes were in total affected, and would have to be annulled from the total valid votes declared. He informed the court that 447,655 votes benefited John Mahama and would thus have to be annulled while 197,628 votes would have to be deducted from the votes declared of Nana Akufo–Addo.


On the irregularity of duplicate serial numbers, the court was informed that per the new numbers, 3,499,308 were affected out of which 2,338,993 will have to be annulled from the total votes of John Mahama while 1,093,661 votes will be deducted from the votes of Nana Akufo–Addo.


The petitioners have already indicated that should the court accept any one of the four main irregularities listed, John Mahama’s declaration would have to be invalidated as he would not have secured the required 50% + 1 votes to be declared as president while any two of the irregularities if accepted would mean Nana Akufo–Addo secured the required over 50%.


Counsel Philip Addison also played a tape of Dr. Afari-Gyan before the December 7th General Election in which he was heard saying that in any polling station where the number of votes found in the ballot after voting was more than the number of people verified will be annulled.