Mutharika, who is the second respondent in the elections case after he was declared winner of the vote by MEC Chairperson Jane Ansah, through his lawyers led by Frank Mbeta, filed sworn affidavits by Ben Phiri (Local Government minister), Bob Chinkango (lawyer) and over 50 monitors in response to the petitions which cited irregularities and the use of Tippex to rig the elections in favour of Mutharika.
Mutharika said the petitions were lacking and wanting in all material respects, adding that the lawsuit heavily relied on the use of Tippex as a basis to nullify the election.
The opposition and rights activists have been holding violent demos demanding that Ansah resign for mismanaging the poll results. Ansah has hit back, saying she can only throw in the towel until the courts pass a verdict.
She maintains that she conducted a free and transparent election.
Mutharika said the petitioners failed to:
. Adduce the source documents (form 60C) which were the stream results in order to
contradict the results sheets that were relied upon by MEC (form 60c) when announcing
. The petitioners miserably failed to tell the court the effect of the alterations on the
votes polled by the candidates.
. The petitioners also failed to tell the court that alteration fluid used was only for reconciliation of the figures and not to change the votes of the candidates.
. The petitioners failed in their evidence (sworn statements) to prove the alleged irregularities.
.The petitioners failed to show how the alleged irregularities, if at all they existed, affected the outcome of the results.
The trial is expected to start at the constitutional court sitting in Lilongwe before five high court judges on July 29.