Court Report from the Election Petition – 8 February 2021
• Mr. Tsikata request the Court to play the video of Mac Manu on Metro Tv. The Court played the video after which Mr. Amenuvor commenced and completed his cross-examination of Rojo. Rojo testified that he complained about some of the results coming from the regions but admitted that he signed 13 out of the 16 regions that had been sent to the EC’s strong room.
He denied knowledge of what Mr. Adawudu had said in the media regarding the authenticity of the results from Ashanti Region. He confirmed that the Regional Summary Sheets had a column for reasons for refusal to sign, and admitted that with the exception of Western North, which he signed, none of the Regional Summary Sheets had any reasons for refusal to sign.
He admitted that the Petitioner was in Court to review the performance of the EC in applying the rules of the elections. He denied that he failed the Petitioner in representing him at the EC strong room.
He testified that he left the EC strong room to the Petitioner around 3pm to 4pm and that at the time he was leaving, 3 regions were outstanding but Northern Region had come around 3:47pm and he had seen it.
He stated that at IPAC each political party was accredited to have 4 candidates in the EC strong room with 2 present at all times. He stated further he did not leave on his own will or volition but was sent by the EC with a message for the Petitioner.
• Mr. Akoto Ampaw commenced and completed his cross-examination of Rojo. Rojo denied that it was because of calls from civil society, religious leaders and observer missions that compelled the Petitioner to go to Court, and that the Petitioner went to Court on his own volition.
He admitted that he played an important role in the preparation of the Petition but he did not know whether he would be called as a witness in the case. He also admitted that he heard some of the proceedings because he was interested in it. He testified that the information he was giving to the Petitioner related to anomalies in the collation of the results from the regions.
He confirmed that he had a functioning iPhone with him at the EC strong room and that was the phone he called the EC with. He admitted that he had failed to show how the alleged lack of transparency affected the outcome of the elections.
• The Court had some questions for Rojo. In response to the Court’s questions, he testified that he had signed 13 of the 16 Regional Summary Sheets before going to see the Petitioner. The Court then discharged Rojo.
• Mr. Tsikata informed the Court that the Petitioner had ended its case. Mr. Amenuvor informed the Court that in view of the evidence before the Court and the cross-examination that had taken place, the EC did not wish to lead any evidence, and accordingly, the EC would not be calling any witnesses and closed the EC’s case.
Mr. Tsikata objected arguing that the EC elected to adduce evidence and that they elected to do so at the case management stage and notified the Court accordingly. Mr. Ampaw also informed the Court that the President did not intend to call any witnesses because the Petitioner had not proved its case. The Court then asked counsel to return tomorrow to address it on the matter.
• The Court then adjourned the Petition to Tuesday, 9 February, 2021 to hear arguments from counsel for all the parties.
Coram: Anin Yeboah, Apau, Marful-Sau, Amegatcher, Kotey, Owusu, Torkornoo
Parties: Petitioner represented by the National Chairman (Samuel Ofosu Ampofo). 1st Respondent represented by the Chairperson (Jean Adukwei Mensa). 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.
CREDIT: Kow Essuman
