Supreme Court to determine if
Feature Article of Sunday, 27 January 2013
Columnist: Adofo, Rockson
Nana Akuffo-Addo is Obliged to release further details to John Mahama & Kwadwo Afari-Gyan before……..?
Having sat down and pondered over the request by both His Excellency John Dramani Mahama and the Electoral Commissioner (Dr. Afari-Gyan) to Nana Akuffo-Addo for further details and clarifications about his petition filed at the Supreme Court on alleged 2012 elections malpractices and fraud, I have the following observations to make.
1. The intricacies of the law regarding this request which would otherwise have been quite normal had it not been the fickle-mindedness, dubiousness and untrustworthiness of the Electoral Commission, must before hand be investigated and unravelled
2. The Electoral Commission (EC) and the National Democratic Congress (NDC) were alleged to be hatching plots to rig the elections way before the election day (7 December 2012). Most of the allegations as made by Hon. Kennedy Agyapong and other discerning Ghanaians happened. For example, the government supplied new police uniforms to the police in Ashanti Region, just to mention one region, a day before, or within hours of, the Election Day or time. I was in Ghana and listened live to the explanations offered by a high-ranking police spokesperson. I found his explanation very infantile if not completely absurd. He said, “Some of the policemen and women have their uniforms faded or torn. It would not be befitting for Ghana for the numerous international observers coming in to find them in those types of police uniform. They have to be immaculately dressed to portray Ghana in a much better light or image”. Why could the authorities not change their uniforms days, weeks or months before, but just a day or a few hours to the election time, a sensible person may ask? Were those people doubtful about the uniforms not justified if they claimed it was for the “Yaw Boateng Gyan” police? Yaw Boateng Gyan had been caught on audio tape recruiting people to inflict injuries on a section of Ghanaians to intimidate them to make way for the NDC to rig the then upcoming general elections.
3. The Chair of the Electoral Commission, Dr. Kwadwo Afari-Gyan, has intransigently been biased and implemented policies lopsidedly favouring the NDC from the word go. Could he explain why he did not allow the Ghana media “special voting” rights at Elections 2012 despite all pleas from the ordinary people, except the NDCs, to rescind his untoward and shocking decision?
4. Now, internet and self-made lawyers have sprung up in the wake of Election 2012. They are all over the place prejudicially churning out legal philosophies, implications and outcome of the challenge mounted by Nana Akuffo-Addo, Dr. Bawumia and Obetsebi Lamptey against the presidential results of Election 2012.
5. The Chairman of the Electoral Commission, Dr. Kwadwo Afari-Gyan, has in the absence of detail report and better clarifications on the polling stations where the alleged malpractices took place, already rubbished the allegations of fraud as non-existent. Why is he now asking for details and clarifications if he knows very well that nothing ever took place as alleged? Should he not walk confidently into court knowing his conscience is clean and without blemish?
6. If Nana Akuffo-Addo furnishes them with the details and clarifications as requested, will Kwadwo Afari-Gyan, John Mahama and the NDC not throw the details at the public for deliberations and pronouncement of verdict way ahead of the Supreme Court sitting to hear, deliberate and pronounce their ruling?
It is though normal for the plaintiff to supply the defendant with requested information before the court hearing, it is not obligatory to abide by that request where the plaintiffs do establish such an action may be harmful to their objective/cause. This is the conclusion I arrived at after seeking a more knowledgeable opinion. From the above, one could see the potential for the Electoral Commission, the president and the NDC to abuse their position and incumbency to further cause criminal damage to any advance detailed information provided to the Electoral Commission and the President as requested. The information they need will be provided during the court hearing as a surprise evidence where the possibility to alter anything or the objects of evidence may not easily be possible.
Can anyone deducing from the machismo conduct of Kwadwo Afari-Gyan guarantee that he will not run to destroy any evidence that will implicate him once the petitioner furnishes him with the names and numbers of the polling stations where the fraud took place? Nana Akuffo-addo and Co. had better leave him in suspense until the D-Day. Not long ago, it was rumoured that he and his outfit were tampering with some biometric verification machines where possible irregularities took place in favour of John Dramani Mahama.
My White colleagues who are legal minds advise that Nana Akuffo-Addo should not make a mistake by supplying John Mahama and Kwadwo Afari-Gyan the requested information before the court hearing, if they do not trust their motives as deducible from their past actions. They conclude upon convincing citation of instances to buttress their contention, thus, why should unknown persons dressed in security attire (police officers) raid the NPP headquarters. Why did unknown persons raid the office of one of the lead Counsels (Gloria Akuffo) for Nana Akuffo-Addo in a bid to remove any incriminating evidence of election fraud held against Kwadwo Afari-Gyan and John Dramani Mahama? Why was the Electoral Commission’s office within the District office in Atimpoku in the Asuogyaman district raided on 30th December 2012 and vital items removed? A polling station or polling stations in that district are assumed suspects in the ongoing allegations of electoral malpractices. Detailed information of this was published on Modernghana.com on 18th January 2013 or can be found at (http://www.modernghana.com/news/440219/1/raid-at-ec-office-officials-hide-robbery-from-poli.html
From the above, my legal White brains suggest to Nana Akuffo-Addo and Co. as follows:
a). If he is doubtful about the intentions of Kwadwo Afari-Gyan and John Mahama, they should not release the information to them until at the court hearing.
b). The Court must in return oblige the Electoral Commissioner to instantaneously submit to the Court all the pink sheets, verification machines etc., covering the alleged polling stations where the irregularities took place.
c). Better still, the court must require Kwadwo Afari-Gyan to make available to the court all the pink sheets and verification machines covering the entire 26, 000 polling stations in the country even before Nana Akuffo-Addo mentions the names of the disputed areas. This will prevent them from carrying out any further criminal actions of trying to destroy the incriminating evidence if there exist any as alleged.
Have you seen how intelligent the White people are? They are always after the absolute truth, hence advising in a manner of way forward where the law will hold the defendants by their balls to prove themselves innocent, after Nana Akuffo-Addo has expeditiously executed the onus upon him to prove the defendants guilty with remarkable success and beyond doubt.
The Supreme Court must be wary of their actions and decisions as the whole world including my White legal minds are watching them from afar. The Big Brother is standing right over their shoulders watching and analysing the turn of events.
NPP and all discerning Ghanaians must stay resolute in their determination to ensure justice is done to liberate them from the shackles of the destructive NDC thievery and stinking corruption.
Nana Sarkodie Ababio, alias DJ Sources of Sources Radio UK, please play my requested “Equal Rights” song by Peter Tosh for me. It has the prophetic message to win all discerning Ghanaians liberation from lawlessness, corruption and the shackles of mental slavery under the hands of the NDC.
I shall be back so stay tuned. Any useful advice I get from my noble colleagues, I shall communicate them to all my fellow readers and noble compatriots. I extend my warmest affections both Kofi Basoah and Kwaku Burger of Asante-Juaben. The dream by Kofi Basoah is what inspires me to assure the NPP and all discerning Ghanaians that there is light at the end of the tunnel. As God reveals to redeem, through Kofi, God has assured the NPP and Nana Akuffo-Addo of victory – the outcome of their petition pending before the Supreme Court.