Live Texts: Day Nine of Election Petition

Live Texts: Day Nine of Election Petition

Tsikata asks witness to read a portion on the pink sheet on C3 which says that people It is Day Nine of the substantial hearing of the Presidential Election Petition.

The cross examination of the witness in chief of the petitioners by Counsel for the third respondent Tsatsu Tsikata goes into its second day.

1000 Hearing for Tuesday’s case is delayed for 30 minutes. Presiding Judge Atuguba attributes it to “special voting.” The judges take their seat. Counsel for the four parties introduce their team of lawyers to the bench. Witness, Dr Mahamudu Bawumia takes his place in the dock and cross examination continues.

1020 Tsatsu Tsikata presents a pink sheet exhibit to the witness which is being perused by counsel on the other sides.

Tsikata asks witness to mention the figure on the C3 column of the pink sheet. He mentions it as 498. He asks him to read what the C3 says. Bawumia reads it which is paraphrased as the C3 column contains people who have been gone thorough C1 and who have been verified biometrically.

NB C1 is the total number of voters who have been issued with ballot papers and C3 is the total number of people who have been verified.

Tsatsu Tsikata asks witness CI75 does not provide for what happens when there is a breakdown of the verification machine. Are you aware of guidelines of what should happen if there is a breakdown of the verification machine.

Bawumia answers that he is aware that when the machine breaks down, voting should stop and continued as and when it starts working.

Tsikata asks if the “no verification no vote” maxim by the witness and the petitioners means that people should not be allowed to vote if their hands have not been passed through the verification machine. Tsatsu suggests that there are several other processes of verifying a voter so the understanding of the law by the witness is flawed.

Bawumia says per the instruction by the second respondent which has been clearly emphasised in the CI75, one would have to pass through all the processes of verification, including biometric verification before voting. He names two polling stations in the Northern Region were the entire results were annulled because two people were not biometrically verified. He says that is the law as spelt out by the second respondent and that is exactly what the petitioners are asking the court to adjudicate on.

Bawumia attempts to explain by saying that even by law, disabled persons still have to be biometrically verified.

Vice Presidential debate

Presiding Judge reminds the witness he is not in a vice-presidential debate and must therefore answer the question as succinctly as possible.

Repetitions

Tsikata remarks that merely repeating the point by the witness does not make his case stronger. Philip Addison springs up with a rebuttal and says Counsel for the third respondent keeps on repeating the questions and he expects the answers to change. That will cannot happen, he fires.

Tsikata continues with his cross examination by presenting copies of pink sheets.

He says at no collation centre in the country was a protest raised without biometric verification and its effects on the votes that is being tallied.

Bawumia says he was not at every collation centre but says the evidence of on the face of pink sheets shows that people voted without being biometrically verified.

Tsikata asks witness if he is aware that on the pink sheets there are spaces of expressing protests. Bawumia says he is aware.

Tsikata asks if it is the understanding of the witness that after results are computed at the collation centre the results are sent to the head quarters of the second respondent. Bawumia affirms. Tsikata goes ahead to ask if he is also aware that at the HQ the agents of the petitioners were present. Bawumia affirms.

Tsikata proceeds and says that at the HQ none of the representatives of the petitioners raised a protest on allegations of voting without verification. Bawumia says the representatives of the petitioners raised a protest and because of that they stopped signing the pink sheets.

Tsikata reminds the witness about a meeting between the petitioners, the second respondent and members of the National Peace Council. He says at that meeting there was no question about voting without verification.

Bawumia says he was not at that meeting and so cannot say the details of the meeting.

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