Audio By Carbonatix
Justice Atuguba, presiding judge in the hearing of the election petition has today blocked a list of 22 ghost polling stations intended to be used in cross-examination by counsel for the third respondent, Tsatsu Tsikata.
The list is an attachment to a letter from counsel for the petitioners in support of their motion for further and better particulars.
Background
At the early stages of the hearing, the petitioners contended that they had identified 23 polling stations that were not part of the original list supplied to political parties by the Electoral Commission.
They have therefore accused the Electoral Commission (EC) for introducing ghost polling stations.
Further to this, the petitioners however amended the list of 23 to 22 polling stations.
It was therefore the intention of Tsatsu Tsikata to find out from the petitioners which polling station has been struck out of the allegations of ghost polling stations.
In support of his intention, he made reference to statement by Dr. Bawumia yesterday in which he said that he had to check which one had been taken out.
One of the judges thought that it would be "fair" for Tsikata to “rather ask him[Bawumia], have you checked”.
But Counsel for petitioners Philip Addison said it is not an issue because they were not disputing the list.
He said the list of 22 stations was clear on that letter which Tsikata is attempting to tender. He does not see why counsel will now ask the witness whether or not there were 23 polling stations and which one has been deleted.
“The matter is in evidence”, he noted.
Tsatsu disagreed with Addison and said that the affidavit was not in evidence.
“What happened at the stage of pleadings in relation to further and better particulars doesn’t constitute evidence,” he explained.
He added that counsel for the petitioners had “not admitted which of the 22 polling stations" had been struck out.
The Judges therefore tried to understand the “tedium” of Tsatsu’s position. “what are you seeking” to achieve, one judge queried.
The judges finally sat on the matter and ruled.
“Once the number and identities of the 22 constituencies exhibited to Asiedu Nketia’s affidavit as contended by counsel for petitioners not disputed, there is no residue of relevancy to which the tendering of the same can relate, the objection is therefore sustained,” the ruling said.
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