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Lawyers of the Petioner in the ongoing presidential election petition before the Supreme Court have accused Justice Yaw Appau of harrassing their witness Dr Michael Kpessa Whyte.

Dr Kpessa Whyte, under cross-examination from lawyers of the Electoral Commission told the court that, he has been trained on all electoral processes ahead of the 2020 Election.

The witness who was one of the two agents of the petitioner at the strongroom of the EC told the court that the Chairperson of the Electoral Commission, Jean Mensa “deceived” them and declared the results behind their blind side.

To this end, she declared the results in their absence at the time when she “instructed us” to go and discuss the challenges with the petitoner when the collation of results had not reached a point of declaration.

However, Justice Yaw Appau, one of the seven judges who was seeking clarification from the witness said “then you didn’t take your training seriously”.

This remark, drew response from counsel of the petitioner Mr Tsatsu Tsikata who accused the judge of harrassing the witness.

Justice Appau maintained that, he was not harrassing the witness as counsel sought to suggest but was clarifying matter as regarding his testimony.

I didn’t speak to EC boss

Mr Kpessa-Whyte, however, told the Supreme Court that he did not personally speak to the Electoral Commissioner during the national collation.

According to the witness, while working with another colleague, Rojo Mettle-Nunoo at the EC strongroom on December 9, Jean Mensa “instructed us” to go and seek a conference with Mr Mahama.

The NDC agents at the EC strongroom alleged that they were instructed by EC Chair to go and see Mr Mahama after which she announced the results on their blind side within minutes.

The witness, a Public Policy lecturer at the University of Ghana under cross examination said although they were not in the strongroom to take instructions from the EC Chair they took “the instruction the EC Chair gave us seriously.”

“And she did also indicate that the reason she was asking us to do so is for all the stakeholders including the NPP, Peace Council and others could be invited to ensure that we had a credible result before the announcement of the winner is made,” he said.

Form 13 controversy

The witness told the court that, the Form 13, they were given did not have any space for them to provide reasons to show any disagreement with the figures.

Accroding to him, the form is used to register regional results obtained by all candidates contesting the presidential election.

Dr Whyte responding to questions from the bench said they trusted the EC Chair and held what she told them in good faith.

“That is not true because we were working in furtherance of making sure that the results to be declared by the First Respondent reflects and represent the will of the people and if she asking us to consult with the petitioner is part of how we could get there, we were ready to do that,” he said.

We signed in error

Regarding the claims that some of the results were signed by his colleague Mettle-Nunoo Contrary to what was said in his withess statement, the witness admitted but explained that, they signed in “error” hence the reason they drew the EC chairs attention.

He said even though some of the regional results were signed by the agents, the sanctity of the process was needed and raised such issues.

Latest motion

Meanwhile, Lawyers of the Petitoner in the ongoing election petition has filed a motion at the Supreme Court seeking an order of inspection of documents from the Electoral Commissions.

The motion on notice expected to be moved tomorrow concerns some original documents regarding presidential results collation forms.

The six point-motion is asking for the originals of all constituency presidential election results collation forms and summary sheets of all constituencies in Ghana.

The outcome of the motion which the Respondents have indicated they opposed to Will determine if the Petitoner will call anymore witnesses.

Supreme Court Panel

The apex court panel of seven is presided over by Justice Kwasi Anin Yeboah, Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Prof Nii Ashie Kotey, Justice Nene Amegartcher, Justice Mariama Owusu and Justice Gertrude Torkornor.


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