Audio By Carbonatix
The Supreme Court will resume sitting on April 2, 2013 to resolve, consider and adopt issues to be raised by lawyers in the petition challenging the legitimacy of President John Mahama.
Lawyers for the parties met on Monday March 19, 2013 following a directive from the court advising them to meet, deliberate and arrive at issues to be set out for trial and determination, but that agreement could not be reached by the parties.
Following the communication of the deadlock to the registrar of the Supreme Court on March 19, 2013, the registrar in a letter dated March 25, 2013 fixed April 2, 2013 as the date for the court’s next hearing.
Under the procedures of the court, the legal teams for the petitioners and the respondents are expected to officially announce the areas they agreed on and those they did not.
The court will then consider the issues disagreed upon and arrive at a solution before beginning hearing of the substantive case.
Following that, a memorandum of issues would then be set out for trial.
Key among the memorandum of issues to be set out for trial are whether or not persons were allowed to vote without biometric verification and whether or not votes cast in 11,916 polling stations should be annulled by the court.
On March 4, 2013, the petitioners filed issues to be set out for trial, while the President on March 13 also filed an application for directions.
Both sides agreed on a request for the court to determine whether or not persons were allowed to vote without biometric verification among others.
However, the President prayed the court to allow petitioners in the case to adopt audio-visual aids in the presentation of evidence.
On the petitioners’ prayer that parties in the case be made to exchange documents to be relied on seven days before the trial, the President is pleading with the court to reject that request.
President Mahama is also praying the court to decline the petitioners’ suggestion that seven days before the trial, all parties must be made to present a list of witnesses and a brief summary of the nature and relevance of each witness’ testimony to enable the court to determine its probative value.
Agreed issues on record
President Mahama has however not opposed the petitioners’ suggestion that the hearing should take two months.
The parties are also not opposed to the application on whether or not persons were allowed to vote without biometric verification.
The issues that are likely to be set out for trial include: whether or not persons were allowed to vote without undergoing prior biometric verification and whether or not votes cast exceeded the ballot papers issued to voters at polling stations during the polls in some polling stations.
The court will also decide whether or not to annul votes cast in 11,916 polling stations.
The EC has said the petitioners failed to fully comply with the court’s orders to supply it with further better particulars.
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