Five of the nine Supreme Court judges who sat on the election petition are of the view that the definition of over voting as explained by NDC General Secretary, Johnson Asiedu Nketsia, still holds if elections were to be held today.
In the 588 page judgment on the election petition that challenged the legitimacy of President Mahama, the five justices upheld the definition of over voting as the number of ballots that exceed the number of voters registered at a polling station.
This is as against Dr Mahamudu Bawumia, the second petitioner’s definition of over voting.
Private legal practitioner, Samson Lardy Ayenini who has studied the judgment, explains the majority opinion in the judgment suggests Dr Bawumia’s definition of over voting rather amounts to ballot stuffing.
Also in the majority’s judgment, the five Supreme Court justices argue the court could have ordered the correction of errors on the pink sheets rather than the petitioners’ request that the errors should lead to the annulment of votes.
Play the attached audio for Samson’s assessment