The second witness for former President John Dramani Mahama, Dr. Kpessa-Whyte has admitted that the Electoral Commissioner had no power to instruct him and Rojo Mettle Nunoo to go and confer with the petitioner before the declaration of the final results for the presidential election.
This came in his cross-examination by lawyer Akoto Ampaw, lead counsel for President Nana Akufo-Addo.
The witness stated during cross-examination that the EC boss instructed them to go and confer with the petitioner so they would find a way to address concerns they had raised.
However, to their most shock, the EC boss deceived them and declared the results in their absence.
But Lawyer Akoto put it to the witness that the Chair had no power to instruct them which he admitted to.
It was also put to him that, if he knew this, then the two of them left on their own volution and based on their own judgment to which he disagreed.
The lawyer then quizzed and stated to him that his witness statement failed to capture their allegation of massaging of votes in Kumasi in the petition.
This he also disagreed saying the petitioner stated this in his petition.
In what seems to have been the shortest cross-examination ever and lasting for about 5 minutes, lawyer Akoto Ampaw sought to discredit the witness.
He was further asked if the issue they complained of and the alleged instruction EC boss could not have been conveyed by only one of them.
In his answer, he said he did not know.