Judge calls Lawyer Addison to order

Justice Sule Gbadegbe, a member of the nine-member Supreme Court panel hearing the election petition case against President Mahama, the Electoral Commission (EC) and the National Democratic Congress Wednesday cautioned lead counsel for the petitioner, Philip Addison over his language.

Addison was raising an objection to the tendering in evidence of a voters’ register by the chairman of the EC, Dr. Kwadwo Afari-Gyan on the grounds that the register was not the one given to the NPP for use in the 2012 elections. He insisted that it was a new one that had recently been prepared by the EC.

As he objected, counsel for the EC, James Quarshie-Idun protested vehemently to the allegation that the register had just been prepared, leading to a brief but heated arguments between the two lawyers.

Justice Gbadegbe then stepped in and suggested that Addison should allow the document to be tendered so he could cross examine Dr. Afari-Gyan with what he supposes to be the proper register, a suggestion Addison declined, retorting that it would amount to “just sitting down and allowing every document that comes” in to be admitted. That comment did not sit well with the judge.

“Mr. Addison, if he could tender and then you confront him with your version, that is the purpose of cross examination,” Justice Gbadegbe suggested.

Addison: I’m sorry?

Justice Gbadegbe: If he testified about a register and in cross-examination you are able to determine that that is not the register used for the election then the matter is before the court to determine the issue that arises from it. Now if you prevent him from tendering it on the grounds that that was not the register used for the election, you are taking the matter out of our hands.

Addison: Oh My Lord then that will mean that we should just sit down and allow every document to be tendered…

Justice Gbadegbe:  Anyway, that’s my position but it is your case.

Addison: But I’m saying that would mean that we should sit down and allow every document to come only to challenge it…

Justice Gbadegbe: Please, please, Counsel you have kept on repeating every administrative ruling on admissibility we have made as though rulings are intended to operate from now to the end of the hearing. That is not it. Every opportunity is given to you to raise objections, the court rules on it, perhaps you might think that the court erred but that doesn’t mean that you come back and say that it’s as though the door is being opened for things which are not lawful to be… you know please let us do things in a manner very right. The court is here to do justice.

Addison: Well My Lord ehmm…

Justice Gbadegbe: If someone tenders something that that is the register, you ask him, ‘was this the register which was used at the polling stations’ would he not give an answer? If he gives an answer which is to your knowledge not true, you confront him. At the end of the day let the court rule whether he was speaking truth or not.

Addison: My Lord we thought that we should nip this in the bud. We will take the cue from the bench.

Addison however refused to withdraw his objection to the tendering of the register, following which the court returned an 8-1 majority decision overruling the objection.


Story by Isaac Yeboah/Graphic.com.gh