Election Petition: All That Happened In Court Today, 2 February 2021

Court Report – 2 February 2021

• Mr. Tsikata informed the Court that Dr. Kpessa-Whyte was ready to testify. Dr. Kpessa-Whyte took the oath and the Court adopted his witness statement as his evidence in chief.

• Mr. Amenuvor commenced and completed his cross-examination of Dr. Kpessa-Whyte. Dr. Kpessa-Whyte testified that he was in the “strong room” with Rojo Mettle-Nunoo from 7 December 2020 to 9 December 2020. He stated that they complained to the EC about certain irregularities when the regional summary sheets were being sent to the “strong room”. He stated further that notwithstanding their complaints, Mettle-Nunoo certified results from 12 regions.

He admitted that the NDC’s agents in the regions 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 Mettle-Nunoo in the “strong room”. He later told the court that the certification by Mettle-Nunoo of Western North Region was done in ERROR. He also testified that they were instructed by the EC to go and have a discussion with Mahama about the alleged irregularities, and while they were gone, the EC declared the results.

He stated that they did not walk away and that they intended to return to the “strong room”. He admitted that he did not speak to the EC personally, but it was Mettle-Nunoo who spoke to the EC. He also admitted that the letter written to the EC did not have any evidence of receipt on it and that the letter was not sent by email but rather put in the public domain.

• Mr. Ampaw commenced and completed his cross examination of Dr. Kpessa-Whyte. Dr. Kpessa-Whyte admitted that the EC had no power to instruct them to leave. He also testified that the allegation contained in the letter that there were some 390,000 votes in Ashanti Region was contained in the Petition.

• The Court had some questions for Dr. Kpessa-Whyte. In response to the questions from the Court, Dr. Kpessa-Whyte admitted that there was a column on the regional and national summary sheets for reasons to be stated for refusing to sign. He also explained that the two agents for the Petition in the “strong room” had to leave the “strong room” together to explain matters to Mahama. The Court stated that Dr. Kpessa-Whyte had been sent to the “strong room” for a particular purpose and that, by leaving the “strong room”, Dr. Kpessa-Whyte did not help Mahama and furthermore, it showed that he did not take the job that Mahama had sent him to do seriously.

• Mr. Tsikata had no re-examination and therefore, the Court discharged Dr. Kpessa-Whyte.

• Mr. Tsikata then informed the Court that he had filed an application this morning, to inspect documents. Messrs Amenuvor and Akoto Ampaw informed the Court that they intended to oppose the application.

• The Court then adjourned the Petition to 3 February 2021 for continuation.

Coram: Anin Yeboah, Apau, Marful-Sau, Amegatcher, Kotey, Owusu, Torkornoo

Parties: Petitioner represented by his Running Mate (Prof. Naana Opoku-Agyeman). 1st Respondent represented by Head of Public Affairs (Sylvia Annor). 2nd Respondent represented by Campaign Manager (Peter Mac Manu).

Legal representation: Tony Lithur led by Tsatsu Tsikata for Petitioner; Justin Amenuvor with Somuah Asamoah for 1st Respondent; and Akoto Ampaw with Frank Davies, Kwaku Asirifi and Yaw Oppong for 2nd Respondent.