The Supreme Court on Friday struck out seven paragraphs of the statement of Mr Johnson Asiedu Nketia, one of the Petitioner’s witness in the Election 2020 Petition, saying he cannot testify on them.
The Court said those paragraphs would have been admissible if the petitioner (John Dramani Mahama) was testifying in court.
Moreover, those paragraphs were not in the knowledge of the witness.
Mr Akoto Ampaw, lead counsel for Nana Akufo-Addo, the second respondent in the case, had objected to the admissibility of 10 out of the 39 paragraphs of Mr Asiedu Nketia’s statement.
The Supreme Court held that sections of those paragraphs were not based on the pleadings of the petitioner and they did not have foundation in the pleadings.
“In respect of paragraphs 30, the court is of the view that it has no foundation with the pleadings as it just refer to CI 127, which the witness cannot testify on the status,” the Court said.
The Court, therefore, ordered that the paragraphs referred to should be expunged from the witness statement.
The ruling came after Mr Asiedu Nketia, also the National Democratic Congress’ (NDC) General Secretary, mounted the witness box to testify in the Election Petition trial before the Court.
Mr Asiedu Nketia, after identifying his witness statement, however, had his evidence halted following the objection raised by Mr Akoto Ampaw.
He contended that the allegations raised by Mr Asiedu Nketia were highly scandalous, prejudicial and same were not part of the petitioner’s pleadings before the Court.
He, therefore, prayed the seven-member panel to strike out those 10 paragraphs.
Mr Tsatsu Tsikata, lead counsel for the Petitioner, however, held that those 10 paragraphs were issues of facts and the statement of case of the Chairperson of the Electoral Commission (EC) admitted some errors in the computation by the EC.
He said the 10 paragraphs were clearly pieces of material evidence relating to the facts of the case.
The Supreme Court, as part of conducting pretrial in the Election 2020 Petition, ordered parties to file their witness statements.
The petitioner indicated it would be calling five witnesses but filed only two, indicating that as and when there was the need to call a witness, a supplementary application would be filed to that effect.
Mr Asiedu Nketia and Dr Michael Kpessa White, a member of the NDC, who was in the EC’s strong room, are expected to testify for the Petitioner.
The Petitioner is in court to challenge the validity of the results that declared Nana Akufo-Addo as the winner of the election.
According to the petitioner, none of the 12 candidates in the 2020 December 7 Presidential race won more than 50 per cent of the total valid votes cast.
The apex court should, therefore, order the EC to conduct a second election for himself and the candidate of the candidate of the New Patriotic Party.
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