Jean Mensa, EC chair
The Chairperson of the first respondent (Electoral Commission) in the ongoing presidential election petition, Jean Mensa, is expected to mount the witness box today.
This may, however, depend on the time it would take the court to deal with an application filed by lawyers of the petitioner (John Mahama).
Yesterday, the court discharged the second witness of the petitioner, Dr Kpessa Whyte, after cross-examination from counsels for the first and second respondents respectively.
Dr Kpessa Whyte was one of two members of the petitioner’s political party (National Democratic Congress) who represented him at the EC’s National Collation Centre, otherwise known as the ‘strong room’, for the presidential election.
Application
When it was the turn for Mrs Jean Mensa to go into the witness box yesterday, Tsatsu Tsikata, lead counsel for the petitioner, informed the court that he had filed an application to inspect some documents from the first respondent.
Mr Mahama’s team is demanding the original copies of the constituency presidential election result collation forms (Form 9) for all constituencies, original copies of all constituency presidential election results summary sheet (Form 10) and the originals of the regional presidential election collation forms (Form 11) for all regions.
He is also asking for the originals of the regional presidential election results summary sheets (Form 12) for all regions and the originals of the declaration of the presidential results form (Form 13) as well as the alleged update to the purported declaration of the presidential election results on December 9, 2020, of the results of four constituencies in the Greater Accra Region.
However, counsels for the first respondent, Justin Amenuvor, and the second respondent, Akoto Ampaw, informed the court that they intended to oppose the application.
The decision on the application will therefore be taken today before the EC boss goes into the witness box.
Certification in error
Meanwhile, the second witness of the petitioner, Dr Whyte, during cross examination, told the court that he and Rojo Mettle-Nunoo, who were in the EC’s ‘strong room’ from December 7 to December 9 2020, representing the petitioner, complained to the EC about certain irregularities when the regional summary sheets were being received. He stated further that notwithstanding their complaints, Mr Mettle-Nunoo certified results from 12 regions.
According to Dr Whyte, apart from Mr Mettle-Nunoo certifying the results from 12 regions, the NDC’s agents in the regions also did not state their objections on the summary sheets as required by law except for Sefwi Wiawso in the Western North Region, which was subsequently certified by Mr Mettle-Nunoo in the “strong room”.
He told the court that the certification by Mr Mettle-Nunoo of the Western North Region was done in error.
Dereliction of duty
Dr Whyte also testified that they were instructed by the EC boss to go and have a discussion with Mr Mahama about alleged irregularities, and while they were gone the EC declared the results.
When it was suggested to him by the EC lawyer that they (NDC agents) walked away from the ‘strong room’ upon seeing the imminent defeat of the petitioner, he insisted that although he (Dr whyte) did not speak directly to her, the EC boss instructed them to leave the ‘strong room’.
The Bench subsequently suggested to Dr Whyte that leaving the EC’s ‘strong room’ at that critical moment constituted a dereliction of duty.
“So if there was concern for you to leave, and in a heightened atmosphere, you know in circumstances like that, will the two of you go? Because you see, you were there for a purpose, for the petitioner, his eyes, body, everything was you.
“You were going to confer with the petitioner, what were you expecting him to say? Because you were the ones receiving the regional results. So if you had to go and confer with the petitioner, wasn’t it enough for one of you to go so that one stays around and see what is happening, looking at the atmosphere?” the Bench asked.
The court later discharged Dr Whyte and adjourned the proceedings to today.
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