Private legal practitioner, lawyer Tachie Antiedu has said the portions of the witness statement by Johnson Asiedu Nketiah which claims chair of the Electoral Commission (EC) Jean Mensa was biased towards Mr. Mahama in last year’s elections because of his supposed relationship with First Lady Mrs. Rebecca Akufo-Addo is not tenable.
He explains that if that is the argument of the witness, then we would not have anyone taking up sensitive positions in Ghana.
The General Secretary of the National Democratic Congress (NDC) Johnson Asiedu Nketiah who is a witness in the case has indicated that the Chairperson was biased because of her relationship with the wife of the of the President.
“The Chairperson of 1st Respondent and 1st Respondents are also not required under Article 296 of the Constitution to be ‘biased either by resentment, prejudice or personal dislike’ in exercising any discretionary power, but they are required to exercise such powers ‘in accordance with due process of law’.
“The Chairperson of 1st Respondent, Mrs Jean Adukwei Mensa, allowed herself to be biased by her prejudice in favour of the 2nd Respondent, who appointed her in August 2018 and with whose wife Mrs Jean Adukwie Mensa has a close familial relationship. Mrs Mensa was thus , at all material times in the conduct of the her responsibilities, biased by prejudice in favour of the 2nd Respondent and against the Petitioner,” Mr Nketia said in his witness statement.
But responding to these comments, the lawyer said what is needed is the evidence to prove that indeed there were errors which could overturn the results declared and not just claims of a relationship with the Commissioner.
Public institutions and public functions he said are not necessarily determined on relationships but incontrovertible evidence of which can affect the case.
“You are being asked to point to the problem you have identified and provide the evidence to support the claims. This is an election and you have alleged that the elections were not free and fair so what you need to do is to provide us with the evidence. If you have the evidence, it does not matter if they are related or from the same mother or father. If we are to argue along these lines then it would be difficult for us to appoint an EC Chair. If that is the case, then even independent candidates may not even qualify to hold these positions.”
He was of the view that the respondents could ask the court to expunge the portion of this statement from Nketiah’s statement.
He added it is surprising that Mr. Nketiah would make such claims in his witness statement.
By: Rainbowradioonline.com