One of the Supreme Court judges sitting on the ongoing Election Petition case has questioned the whereabouts of the Chairman of the Electoral Commission Dr Kwadwo Afari-Gyan. Justice Dotse found it intriguing that the Electoral Commission chair who is the Returning Officer for the 2012 disputed Election has not stepped foot at the court ever since proceedings started. Three petitioners Nana Akufo-Addo, Dr Mahamudu Bawumia and Jake Obetsebi-Lamptey are challenging the 2012 election results which declared John Mahama as winner. They are praying the court to strike out over four million votes they claim were fraught with irregularities. But the Electoral Commission which is the second respondent in the case has dismissed the petition and has filed its defence. The Court having thrashed out auxiliary issues has set April 16 as date for the commencement of the substantive case but had to cross a last hurdle. On Wednesday, April 10, 2013, the court, for lack of merit, threw out a motion by the EC for a delayed filing of affidavits. Before its ruling however, judges hearing the case had cause to query the lawyer for the EC Lynes Quashie-Idun why the Returning Officer, Dr Afari Gyan had been absent thus far. Even more worrying is the fact that the EC chair has not sworn to any of the affidavits currently before the Supreme Court. It is not clear if the EC Chair will make himself available for the trial which is to begin on April 16.