Dr. Kwadwo Afari Gyan, Chairman of the Electoral Commission on Thursday made landmark confession when he admitted that the Statement of Poll and Declaration of Results Form (Pink Sheet) used for the December 2012 Elections were printed to violate the C.I 75, the guiding law for the elections which stipulated very clearly that all voters had to be biometrically verified before being allowed to vote.
Dr. Afari Gyan made this admission while being cross examined by lead counsel for the petitioners, Philip Addison.
While cross examining Dr. Afari Gyan, counsel Addison queried the EC boss on the rationale for including the question C3 on the pink sheet, which sought to know from Presiding officers, the number of people allowed to vote without haven been verified by the biometric verification device.
Dr. Afari Gyan indicated that the particular question was placed on the pink sheet to provide a means for various people whose biometric data got missing from the EC database, an opportunity to vote. However, Dr. Afari Gyan could not give the number of persons whose data he claims went missing even though he confirmed it could have been known by crosschecking with the Form 1Cs which was the printouts of the data captured.
The EC Boss further explained that the commission decided to direct its officers to ignore that section on the pink sheet and not to respond after the parties reached a consensus that each voter should be verified and that no exceptions should be made.
At this point, Counsel Addison suggested to the EC boss that he was not being honest on the matter and that his explanations were an afterthought to which Dr. Afari Gyan disagreed.
The Counsel for the petitioners inquired from the Electoral Commissioner when the the Pink Sheets were printed. Dr. Afari Gyan stated that the contract for the printing of the Pink sheets was awarded after the balloting for positions on the ballot paper were done which was in the last week of October 2012
Counsel Addison then asked the EC boss if he knew the exact date the CI 75 was enacted. Dr. Afari Gyan stated that he did was not sure of the date. Dr. Afari Gyan in responding to a question from Counsel Addison confirmed that the CI 75 was drafted by the Electoral Commission.
The lead counsel for the petitioners then handed Dr. Afari Gyan a copy of the C I 75 to crosscheck the date of its enactment. Dr. Afari Gyan confirmed that the law was enacted on 24th August, 2012 and that it came in force in September 2012 all of which were far before the contact for the printing of the pink sheets were awarded.
The admission by the EC Boss that the Pink sheets which included a portion which sought to create a way for people to vote without being verified, were printed months after the law stipulating that no voter could vote without being verified by the device, clearly means that the EC even after the enactment and coming into force of the law sought to violate the law they drafted themselves and hand presiding officers a license to allow voters vote without being verified.
SOURCE: The New Statesman http://www.thestatesmanonline.com/index.php/politics/451-afari-gyan-confesses-pink-sheet-was-printed-in-violation-of-the-law