The petitioners in the case; Jake Obetsebi Lamptey, Nana Addo and Dr Bawumia
The Supreme Court hearing the election petition contesting the declaration of President Mahama as winner of the 2012 election has adjourned sitting to Thursday April 18, 2013.
Dr. Bawumia took the witness box and gave evidence to the affidavits they had served the courts before the hearing.
Below is a timeline of the events as they happened in court
15:05 - Dr Bawumia says, on the evidence we have on the face of the pink sheets indicate that over 500,000 people voted without biometric verification.
14:55 - The case resumes. Lawyer Tsikata raises objections to certain submissions made by Dr Bawumia.
14:50 - Case resumes and lead counsel for the petitioners, Philip Addison requests for the hearing to be adjourned to Thursday April 18.
Tsatsu Tsikata objects and alludes to the position taken by the Justices for the case to proceed expeditiously.
14:23 - Court takes a short break after lead counsel for the petitioners prays the court to allow Dr Bawumia to have some rest since he has been on the stand for some hours and is fatigued.
14:18 - Dr Bawumia, per his submission, points to some discrepancies in the data appearing on the pink sheets and that from the EC with regard the voter population.
14:15 - Petitioners have been asked to tender the document, a summary analysis of the voters register by region, into evidence.
Dr. Bawumia obliges and continues with his analysis.
14:10 - Tsatsu Tsikata objects to a sheet of paper, which had not been pleaded but evidence was being led by Dr Bawumia.
13:50 - Dr Bawumia explains "the mathematical formula" for their findings which indicates the presence of some 'ghost' names in the register.
He states that figures for the voter's register have been changing. According to him, the second respondent presented the NPP with a total voting population figure of 14,310,680 before the conduct of he poll.
On the day the Chairman of the EC declared the results of the election, the figure had shrunk to 14,158,890
13:40 - Dr Bawumia outlines how his team avoided the issues of double counting.
According to him, 99% of violations the petitioners are raising questions about are in the four major categories.
He says there are very few polling stations where you had only one violation.
13:25 - According to Dr. Bawumia, different polling station sharing the same serial number was major vehicle used to perpetuate the violation of the constitutional and statutory obligations in the electoral process.
a. With all the cases of over voting presented so far, 74% occurred with duplicated serial numbers
b. With all cases of voting without biometric verification presented, 74% occurred with duplicate serial numbers
c. With all cases of no signatures presented, 75% occurred with duplicate serial numbers
With all cases of duplication of polling station codes, 80% occurred with duplicate serial numbers
13:14 - Dr Bawumia stresses that the Serial number is the only element of the pink sheet that comes pre-embossed while the other sections can be written in by hand.
13:05 - The findings will have a material effect on the results.
On the basis of biometric verification alone, none of the two candidates will have fifty plus one vote, Dr Bawumia declares.
13:00 - Dr Bawumia prays the court to annul the results of polling stations where biometric verification was not done.
The second respondent cannot apply one set of rules to one polling station and another set of rules to other polling stations, says Dr. Bawumia.
Dr Afari Gyan smiles in his seat.
12:54 - We found that for the polling stations that we are contesting (2,240 in all), voting without biometric verification took place.
The findings will have a material effect on the results, Dr Bawumia declares.
12:53 - Evidence of voting without biometric verification is circulated before questioning begins on it.
12:48 - Dr Bawumia gives some details about the biometric verification and how some persons managed to vote without going through the process.
12:45 - Results from 1,826 polling station should be annulled because they are illegal - Dr. Bawumia declares in court.
He also says the findings with respect to over voting will mean that the results by the EC will not hold.
12:38 - Dr. Bawumia gives some examples of some of the polling station where there were cases of over voting.
Court overrules the objection raised by the Lawyer Quarshie Idun representing the EC in the election petition case.
The court takes a short recess to deliberate on the objection raised by Lawyer Quarshie Idun representing the Electoral Commission, supported by Tsatsu Tsikata (NDC) and Tony Lithur (NDC).
According the respondents, the evidence that Dr Bawumia is giving on the annulment of votes was not stated in the affidavits served by the petitioners on the court. They (respondents) are urging the petitioners to amend their earlier petition to include the new evidence that they intend to “sneak” into the trial.
11:40 - The judges rise briefly to consult on the objection raised by the lawyers for the Electoral Commission.
11:37 - Philip Addison says the grounds of the objection keep shifting and seeks to clarify.
11:35 - There is uneasy calm in the court room as everyone waits on the Justices to make a decision on the objection raised by the lawyer for the EC.
11:28 - Mr Addison rises to defend the position of his client. "We do not plead evidence" he declares after objections raised by the lawyer for the EC with support from the that of the President and the Electoral Commission over the pleading of evidence by Dr. Bawumia. They maintain that the petitioners are sneaking in evidence they have not pleaded before the court.
11:17 - Dr Bawumia explains what he means by over voting.
11:11 - Dr Bawumia says out of 24,000 pink sheets.
Dr. Bawumia is the first to be called to the Witness box
Our examination and analysis, we found a large number of constitutional and statutory malpractices, violations and irregularities.
We found cases of over voting, voting without biometric verification and in some cases no signing by electoral officers.
We found areas of the large use of duplicate serial numbers on polling station forms and duplicate polling station codes.
We found a bloated voters register.
The Declaration is the final part of the pink sheet and Dr Bawumia sheds some light on it. He says all parts are required to make a declaration of an election result.
11:08 - Dr. Bawumia delves into the 2nd part of the pink sheet that deals with the polling station results.
11:00 - Dr Bawumia continues to give details of the pink sheet to the court. He explains spoiled ballot and other technical details with regard the pink sheet.
10:52 - Dr Bawumia gives the court his understanding of the pink sheet. It is a slow process because as the court requested, notes will have to be made so that there will not be too much dependence on the transcripts from the courts after the hearing.
10:45 - Some documents are being distributed in open court.
Dr Bawumia states his understanding of the Statement of poll and declaration of results form also known as the pink sheet.
10:35 - Dr Bawumia swears by the Holy Quran and takes his place in the witness box. He gives his particulars to the court.
10:20 - We are prepared to go on today – Philip Addision declares in court.
He says his team is ready to start.
Philip Addison makes some opening remarks before calling his first witness.
The hearing of the substantive case begins in the Supreme Court.
In attendance are petitioners, Nana Akufo Addo, Jake Obetsebi Lamptey and Dr Mahamudu Bawumia.
The Electoral Commissioner, Dr Afari Djan rises for the Electoral Commission.
Johnson Asiedu Nketia rises for the National Democratic Congress.
Philip Addison introduces the legal team representing the petitioners. They include Stephen Dapaah Addo, Alex Quainoo, Akoto Ampaw, Kwame Akufo, Kweku Essilfie, Godfred Yeboah Dameng, Egbert Faibille Jnr and Prof. Kenneth Attefuah.
The first respondent (President Mahama) is represented by Tony Lithur.
Tsatsu Tsikata represents the third respondent which is the NDC.
The Supreme Court will recommence hearing on the election petition case today after the Electoral Commission (E.C) last night served petitioners with its affidavits evidence.
The E.C’s inability to serve petitioners with its affidavits forced an adjournment of the case on Monday.
Speaking to Citi News
a member of the New Patriotic Party (NPP) Legal Team, Madam Gloria Akuffo indicated that the action by the EC has paved a way for the case to begin today.
"Our position was that if indeed we are to start our case without having their affidavits, they would at least partially have achieved what the court previously refused to grant them."
Meanwhile, Lawyer and statesmen Sam Okudzato has described the Chief Justices' decision to allow proceedings of the court to be broadcast live on TV and radio, as exemplary.