A private legal practitioner and a member of the New Patriotic Party (NPP), lawyer Osei Tutu Junior has opined that the General Secretary of the opposition National Democratic Congress (NDC), Johnson Asiedu Nketiah has destroyed the case of the petitioner John Dramani Mahama by his responses to questions during his cross-examination.
He premised her assertion on the responses given to questions asked by the justices in relation to the figures the NDC have to counter the declaration by the Electoral Commission.
Mr Nketiah was responding to a question from Justice Yaw Appau, asking the NDC witness if they had contrary figures to that of the EC.
Excerpts of the sitting on Monday read;\
YA: In all the figures that were mentioned as the valid votes cast and all those things, you were saying if the figures were correct and that there were inconsistencies in the figures. I will ask you, in your own calculations what were the total valid votes cast in the presidential elections on December 7, 2020
JAN: My Lord, those calculations are reserved for a meeting for us to reconcile the figures because the first respondent herself keep changing the figures.
(Chief Justice Anin Yeboah steps in to put an end to the banter)
AN: Tell the court, when you started giving your submissions you said you had representatives from all the 275 polling stations across the country, and they were to collate the figures and he is asking you from that, what figures did you get.
JAN: My Lord, I haven’t brought that figure to court
YA: Very well, from your own calculations what were the valid votes cast in favour of the petitioner (John Mahama) to your knowledge
JAN: My Lord, when we discovered these discrepancies it was difficult to even tell what figures he got
YA: So, you don’t know, just answer
JAN: I don’t have them here
YA: What were the figures from your calculations did the second respondent (Nana Akufo-Addo) get as total valid votes cast in his favour
JAN: Mr Lord, I don’t have those figures here
YA: Thank you, that’s all
Reacting, lawyer Osei Tutu Junior said the responses from Asiedu Nketiah has shown that they have no case.
He indicated the Supreme Court may rely on on the responses from the chief scribe of the NDC to rule on the matter.
The three questions from the judges he opined were the weightiest and could have an effect on the petition of the NDC.
”I don’t think the evidence provided by Asiedu Nketiah will add no value to the case. He is evasive in some of his responses and sarcastic at some point. At a point, the judges asked him to answer. He did not help the case of the NDC. But just like football, there are two sides, the EC, Nana Addfo will present their witnesses and after everything, the court will rule on the matter.”
Contrary to assertions by lawyers of Mahama that the questions asked by the judges were not in the five issues set out by the apex court, he said the questions were part of the issues set out for determination.
The five issues include:
- whether or not the petition discloses any cause of action – that is if there is any legal grounds for the petition,
- whether or not the second respondent [Nana Addo Dankwa Akufo-Addo] met the Article 63 (3) threshold of the 1992 Constitution – this constitutional provision states that a presidential candidate must obtain more than 50 per cent of the total valid votes cast to be declared as President-elect,
- whether or not the 2nd respondent [Nana Akufo-Addo] still met the Article 63(3) of the 1992 threshold by the exclusion or inclusion of the Techiman South constituency presidential election results.
Other issues are:
- whether or not the declaration by the first respondent (EC) on December 9 of the presidential election conducted on December 7 was in violation of Article 63(3) of the 1992 Constitution,
- whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the presidential election results of 2020.