The panel of judges have by a 6-3 decision ruled in favour of Quarshie Idun to lead his witness, Chairman of Electoral Commission Dr. Afari Gyan in his evidence-in-chief described by Philip Addison as "a lecture".
Afari Gyan has been taking the court, hearing the 2012 election petition, through the processes of conducting elections.
Issues he has raised in his evidence have ranged from what was an election, how the EC established a polling station, how the printing and distribution of ballots are done, and the number of ballot papers printed.
He has also elaborated on the determination of polling station codes, training of electoral officers and why the Commission created C3 section on the pink sheet.
But Philip Addison, counsel for the petitioners objected to what he called a “seminar” by Dr. Afari Gyan as he gave his evidence-in-chief on day 24 of the hearing of the election petition.
The lawyer was unenthused by the lengthy answers being given by the witness. He said the witness appeared to be "lecturing" instead of answering the questions straight to the point.
According to the lawyer, most of the issues the witness has dealt since morning were not pleaded in their affidavits and found it intriguing why they are leading evidence on it in open court.
Quarshie Idun said he took strong exception to Addison’s description of his client’s testimony as “a lecture”. He said his witness had a responsibility to explain the issues further.
Judges took time to confer on the objection and by a 6-3 majority overruled the objection.