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Dr. Bawumia's Affidavit

Dr. Bawumia's Affidavit

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Published by Boadu Kwabena
AFFIDAVIT OF DR. MAHAMUDU BAWUMIA PURSUANT TO THE COURT DIRECTIONS ON MEMORANDUM OF ISSUES AND MODE OF TRIAL DATED
2ND APRIL 2013.
AFFIDAVIT OF DR. MAHAMUDU BAWUMIA PURSUANT TO THE COURT DIRECTIONS ON MEMORANDUM OF ISSUES AND MODE OF TRIAL DATED
2ND APRIL 2013.

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Published by: Boadu Kwabena on Apr 07, 2013
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04/07/2013

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1
IN THE SUPERIOR COURT OF JUDICATUREIN THE SUPREME COURTACCRA
 –
A. D. 2013PETITION NO.J1/6/2013PRESIDENTIAL ELECTION PETITIONIN THE MATTER OF A PETITION CHALLENGING THE VALIDITY OF THE ELECTIONOF JOHN DRAMANI MAHAMA AS PRESIDENT OF THE REPUBLIC OF GHANAPURSUANT TO THE PRESIDENTIAL ELECTION HELD ON 7
TH
AND 8
TH
DECEMBER2012:
 Article 64 of the Constitution, 1992; Section 5 of the Presidential Election Act, 199(PNDCL 285); and Rule 68 & 68 A of the Supreme Court (Amendment) Rules 2012,C. I. 74
B E T W E EN 
:1.
NANA ADDO DANKWA AKUFO-ADDO
House No. 2, Onyaa Crescent, Nima, Accra2.
DR. MAHAMUDU BAWUMIA
House No. 10, 6
th
Estate RoadKanda Estates, Accra3.
JAKE OTANKA OBETSEBI-LAMPTEY
 24, 4
th
Circular Road, Cantonments, Accra
Petitioners
 A N D
1.
JOHN DRAMANI MAHAMA
Castle, Castle Road, Osu, Accra2.
THE ELECTORAL COMMISSION
 National Headquarters of the Electoral Commission6
th
Avenue, Ridge, Accra3. NATIONAL DEMOCRATIC CONGRESS (NDC)
RespondentsParty Headquarters, Kokomleme, Accra
AFFIDAVIT OF DR. MAHAMUDU BAWUMIA PURSUANT TO THE COURTDIRECTIONS ON MEMORANDUM OF ISSUES AND MODE OF TRIAL DATED2
ND
APRIL 2013.
 
2
I, DR. MAHAMUDU BAWUMIA
, of House No. 10, 6
th
Estate Road Kanda Estates, Accra, an economist, make oath and say as follows:1.
 
That I am a citizen of Ghana, the 2
nd
Petitioner herein, deponent hereto, and havethe authority of the 1
st
and 3
rd
Petitioners to swear to this affidavit on our jointbehalf in respect of matters that are within my personal knowledge andinformation and which I believe to be true.2.
 
That I was nominated and agreed to act, as required by Article 63 (1) (d) of theConstitution (1992), as the running-mate/vice-presidential candidate of Nana Addo Dankwa Akufo-Addo, the presidential candidate of the New Patriotic Party(NPP) for the December 2012 presidential election. I was also chosen by the 1
st
 Petitioner and NPP to chair the committee that investigated the results of the2012 presidential election.3.
 
That, in the course of my evidence, counsel shall seek leave of the court toenable me do a powerpoint presentation of the figures and the analyses set out inthis affidavit.4.
 
That at the presidential election held in the Republic of Ghana on 7
th
and 8
th
 December 2012 and conducted by the 2
nd
Respondent, the following werecandidates in the order set out on the presidential election ballot:(a)
 
John Dramani Mahama(b)
 
Dr. Henry Herbert Lartey(c)
 
Nana Addo Dankwa Akufo-Addo(d)
 
Dr. Papa Kwesi Nduom(e)
 
 Akwasi Addai Odike(f)
 
Hassan Ayariga(g)
 
Dr. Michael Abu Sakara Forster (h)
 
Jacob Osei Yeboah5.
 
That at the conclusion of the election, the 2
nd
Respondent herein, acting throughits Chairman, Dr. Kwadwo Afari-Gyan, who was at all material times theReturning Officer for the December 2012 presidential election, returned JohnDramani Mahama, the 1
st
Respondent herein, as having been validly electedpresident of the Republic of Ghana.6.
 
That some time before the December 2012 elections, the Chairman of 2
nd
 Respondent informed Parliament when he appeared before it that 2
nd
 Respondent had registered some
one million (1,000,000)
voters, who had notbeen assigned to any polling station, even though the Public Elections
 
3
(Registration of Voters) Regulations 2012, (C. I. 72) required that registration of voters shall be carried out in designated polling stations, known for that purposeas registration centres.7.
 
That after 2
nd
Respondent had conducted its biometric registration exercise, itannounced to the general public that the provisional number of voters registeredwas a little less than
thirteen million(13,000,000)
and that after cleaning theprovisional register and verifying same, it would publish the final number of registered voters. Surprisingly and contrary to legitimate expectation, when 2
nd
Respondent posted the final total number of registered voters on its website, thefigure inexplicably increased by over 
one million (1,000,000)
.8.
 
That on or about 26
th
September 2012, that is some forty-two (42) days beforethe presidential election scheduled for 7
th
December 2012, the 2
nd
Respondent,acting through its Chairman, officially announced the total number of pollingstations to be employed in conducting both the presidential and parliamentaryelections in December 2012 as
twenty-six thousand and two (26,002)
. Thiswas ostensibly to ensure transparency, fairness and integrity of the December 2012 presidential and parliamentary elections, and to comply with Regulation 16of the Public Elections Regulations, 2012, C.I.75., which prohibited theestablishment of new polling stations within forty-two (42) days of an election.9.
 
That the total number of registered voters that 2
nd
Respondent furnished
Petitioners’ part
y, the NPP, with was
fourteen million and thirty-one thousand,six hundred and eighty(14,031,680)
. Subsequently, it came to the notice of thePetitioners that 2
nd
Respondent had on Sunday, 9
th
December 2012, declared thetotal number of registered voters as
fourteen million, one hundred and fiftyeight thousand, eight hundred and ninety
(
14,158,890).
Furthermore, on thesame date, 2
nd
Respondent posted on its website the total number of registeredvoters as
fourteen million and thirty one thousand, seven hundred andninety three
(
14,031,793)
showing a clear disparity of 
one hundred and twentyseven thousand and ninety seven
(
127,097).
 10.
 
That 2
nd
 
Respondent failed to provide the Petitioners’ party, the NPP, with a
provisional register of voters for each polling station in breach of Regulation 21(2) of the Public Elections (Registration of Voters) Regulations 2012 (C. I. 72)thereby disabling Petitioners and their party from effectively verifying the nameson the list to ascertain their authenticity.11.
 
That 2
nd
 
Respondent inordinately delayed in furnishing the Petitioners’ party(NPP) with the final voters’ register 
, delivering same in tranches up to a few daysbefore the December 2012 election, which conduct prevented the NPP from

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