Probe Into 2012 Election Petition Judgment Sir John Faces CJ’s Committee

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Created on Monday, 02 December 2013 00:00

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Probe Into 2012 Election Petition Judgment Sir John Faces CJ’s Committee

Information available to the New Statesman indicates that the General Secretary of the New Patriotic Party, Kwadwo Owusu Afriyie, will Monday, December 2, 2013, appear before the committee set up by the Chief Justice to investigate allegations that the verdict of 2012 Presidential Election Petition was compromised.

Mr Owusu Afriyie, also known as Sir John, petitioned the Chief Justice to investigate the content of a leaked tape in which sacked Deputy Communications Minister, Victoria Hamah, was heard praising the role played by Nana Oye Lithur, Minister of Women, Gender and Children Protection, in securing victory for President Mahama and the National Democratic Congress.

Victoria Hammah, on the leaked tape stated: “Tony Lithur (husband of Nana Oye Lithur) has been the friend of the Rawlingses, been a friend to the President John, now and his wife. I learnt even before even the verdict, Nana was with the Justices and all that. You don’t know the role she has played for us to win the court case.”

Nana Oye Lithur has vehemently denied meeting any of the justices who sat on the case. The denial notwithstanding, the Chief Justice Georgina Theodora Wood set up a seven-member committee chaired by Dr Justice F.K. Date-Baah to investigate the veracity of the claim in the tape.

Sources at the Judicial Service yesterday confirmed to the New Statesman that Sir John would make an appearance before the committee on Monday to clearly state the case of the NPP in the petition submitted to the Chief Justice.

Sir John, in his petition, demanded: “The integrity, sanctity and independence of the Judiciary has been called into question by these revelations and we urge you to institute a probe into these revelations so as to get to the bottom of this issue. We cannot, as a nation, allow doubts to fester in the minds of the ordinary Ghanaian about his/her ability to obtain justice in the courts of the land devoid of any undue influence from those who believe they have the power to influence judgements.”

Below is the full petition submitted to the Chief Justice by the NPP General Secretary. PETITION FOR PROBE INTO ELECTION PETITION JUDGEMENT

The New Patriotic Party, as a result of unfolding revelations in the country regarding the just ended Presidential Election Petition, has been forced to submit this petition to your good office for an immediate probe into the conduct and judgement of the election petition handed down by William Atuguba JSC on the 29th of August 2013.

The NPP, as stated by the 2012 Presidential Candidate, Nana Addo Dankwa Akufo-Addo, who was the 1st Petitioner in the case, indicated its decision not to seek a review of the judgement, though the party disagreed with the verdict.

However, recent comments made by a former Deputy Minister of Communications to the effect that a Minister of State in the current government headed by President John Dramani Mahama, who incidentally was the 1st Respondent in the election petition, met with the Justices and played a key role in securing victory for President Mahama and his ruling National Democratic Congress.

Ms. Victoria Hammah, the former deputy Communications Minister, who made these revelations is heard on an audio recording, a copy of which has been attached to this petition, has indeed confirmed that the voice on the recording is hers and has not denied the contents contained in the tape.

These are the statements made by Ms. Victoria Hammah: “Tony Lithur has been the friend of the Rawlingses, been a friend to the President John, now and his wife. I learnt even before even the verdict, Nana [Oye Lithur] was with the Justices and all that. You don’t know the role she has played for us to win the court case.”

For a highly placed Member of Government, her comments cannot be underestimated.

The Election Petition filed by the petitioners was grounded on evidence gathered and now Ghanaians are being told that Mrs Nana Oye Lithur, who happens to be the wife of Tony Lithur, counsel for President Mahama in the petition, was instrumental in securing victory for President Mahama, going to the extent of meeting the Supreme Court Judges before the verdict was delivered.

These revelations have led to many questions asked of the Judiciary. Were the true issues of the petition even considered by the judges or was it a case of maintaining the status quo at all cost to keep President Mahama as president of Ghana regardless of the overwhelming evidence presented by the petitioners?

The integrity, sanctity and independence of the Judiciary has been called into question by these revelations and we urge you to institute a probe into these revelations so as to get to the bottom of this issue. We cannot, as a nation, allow doubts to fester in the minds of the ordinary Ghanaian about his/her ability to obtain justice in the courts of the land devoid of any undue influence from those who believe they have the power to influence judgements.

Judicial Independence is critical to the functioning of any democracy – as evidenced by its incorporation into the structure of our nation’s government established by the 1992 constitution. It is one of the key factors that distinguishes our system of government from others around the world. It protects the weak from the powerful; the minority from the majority; and even the citizens from excesses of government.

We urge you to, as a matter of necessity and urgency, institute a probe into these allegations so as to safeguard our democracy and also give meaning to the immortal words inscribed in the nation’s coat of arms, Freedom and Justice.

……signed……

Kwadwo Owusu Afriyie

NPP General Secretary

Source: thestatesmanonline.com, 28 November 2013