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EC Shot Down Over Smuggled Pink Sheets - Gang Up

Gang Up

Tony Lithur: My lords, is this an objection or an address?

Addison: My lords, the pink sheets statement of polls and declaration of results for the office of President is form number EL 21 B and the declaration which is the signature side is form number EL 22 B, so quite clearly, these are completely different forms from form number 23 B and 23 A which are collation station results. My lords, we question the authenticity of this document that has just been sprung on us.

Tony Lithur: My lords, we have no objection [to the tendering of the EC’s pink sheet], and I’m completely amazed that the official custodian of a document comes to court and says that what you have there, I have the original; there is no original anywhere. If there is any other body that handles official election documents, they can say it…The official custodian comes and say I have the original and I will like you to compare it with what is there and the objection is that you doubt the authenticity? Those are official documents and they are fundamentally relevant to this matter…how do we know that it wasn’t blotted out in photocopying, how do we know that? It’s a serious allegation …these are official original documents.

Addison: My lords, I need to take an objection to this kind of [support from counsel for first respondent on behalf of the counsel for the second respondent]. My lords, the objection, my lords, I do not think the counsel for first respondent can respond to the objection, in a way as if he is representing the second respondent. My lords, we need some directions in this respect, this has been going on for some time, and we do not think that it’s proper…(Counsel for the third respondent, Tsikata joins).

Tsatsu Tsikata: The third respondent is a party to this suit and material is being tendered in evidence, it is in relation to evidence in this suit which affects the conduct of the case of the third respondent and indeed other parties. It is therefore appropriate for parties to be heard in respect of these matters….We have been joined as parties for good reason….

Addison: My lords, I will like to bring to the notice of the court to the fact that there was no challenge to these exhibits; no challenge to the authenticity of these exhibits which we exhibited, I have referred your lordships to the particular paragraph in our affidavit. In their response, there was no challenge to it. Now, second respondent is saying that there was some writing on it that somehow did not appear on the ones that we served them with. Why did he not raise it in his affidavit; we cannot conduct this case in this manner; springing these things [pink sheets] at every turn.

Tony Lithur: We have challenged a host of exhibits they have brought to this court and the legitimate way of challenging it is by this method. I can’t see any other way of challenging those exhibits. We have indicated duplicated, quadruplicated sheets and those are exhibits in this case, we have challenged them…so it is not correct to say that we have not challenged the pink sheets that have been brought to this court….

Addison: My lords, are three people going to respond to one objection? What is your locus in this (referring to Counsel for both first and third respondents)? (Justice Atuguba intervenes)

Justice Atuguba: Let’s look at the substance of the matter.

Addison: No, my lords, these things are important, they keep on doing it.

Atuguba: That doesn’t solve the problem at stake …. In this case, it will be most unrealistic to compartmentalise…its one entire case; this way or that way. Now let’s put it another way: Assuming this type of evidence goes and it is something that affects the decision, are you saying that when they appeal, they can’t take a point?…It affects them, they have an interest, as for that, they are affected by the evidence being led and I think that is sufficient standing….well, that’s my view, but if it is contentious, we can retire and consider and come out and rule.



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