The justices on the panel at the Supreme Court, hearing the 2020 presidential election petition, on Monday had some questions for the first principal witness (PW1) for the petitioner, Mr Johnson Asiedu Nketia.
The court wanted to know from the witness abs Petitioner’s own calculations, what the total valid votes cast in the election was, separate from the total valid votes cast in favour of the petitioner, Mr John Dramani Mahama and the second respondent, Nana Addo Dankwa Akufo-Addo.
But in response to the three questions asked by the bench on the total valid votes cast figures, Mr Asiedu Nketia said he “did not know.”
He also said that was not part of his evidence before the court.
The questions came from Justice Yaw Apau and this was after counsel for the second respondent, Mr Akoto Ampaw had finished cross examining Mr Asiedu Nketia Monday afternoon [February 1, 2020].
When Mr Asiedu Nketia was not forthcoming with the answers on the figures and was providing explanations, the Chief Justice, Justice Kwasi Anin Yeboah said: “Mr Asiedu Nketia, please help the court.”
“You see, when you started giving evidence, you said you had all the representatives across the 275 constituencies, you said you put agents there and they were to, I mean collate the figures, you said it. Then he [Justice Apau] is asking you, that from that, what figure did you get, you?”
Asiedu Nketia: “My Lord I haven’t brought that figure to court.”
During cross examination by Mr Akoto Ampaw counsel for the second respondent, l Mr Asiedu Nketia did not provide the figures in relation to the total valid votes cast and said that was not the case in court.
It was on that basis that the bench wanted the clarification from Mr Asiedu Nketia after the cross examination.
Below are some of the excerpts of the questions and answers from Justice Apau and Mr Asiedu Nketia
Justice Yaw Apau: What were the valid votes cast in favour of the petitioners? General [Mosquito – in referene to Mr Asiedu Nketia alias], I know that when you purchase a pen drive, it is empty and the data on any pen drive is generated by someone, so the pen drive that you attached to the hard copy and exhibited as “Exhibit F”, who generated or placed the data on it? Because when you were asked, you said you don’t know what was on it. who generated the data on the pen drive?”
Asiedu Nketia: “My Lord as I said, honestly, I hadn’t seen the pen drive and its contents till today [February 1, 2021] and I was relying on the hard copies. But the evidence is gathered by our Elections Directorate and the Legal Directorate.”
Justice Apau: “So they gave it to you and you exhibited it as part of your evidence?”
Asiedu Nketia: “No, no my Lord, I did not exhibit that one.”
At that point, the counsel for the petitioner, Mr Tsatsu Tsikata intervened and said Mr Asiedu Nketia did not exhibit that and that it was part of the petition.
But the justices on the bench responded and insisted Mr Asiedu Nketia exhibited it as “Exhibit F” as part of his witness statement. “You [Tsikata] swore an oath for him and he brought it to us [bench]”, Mr Tsikata was told by the court.
Justice Apau: “He exhibited it, so I want to find out, who generated it? So it means your Elections [Directorate] generated it and gave it to you and you exhibited it without seeing it?
Asiedu Nketia: “My Lord I did not see all the hard copies of the documents because of time pressure. I was discovering this thing today.”
Total valid votes cast
Justice Apau: “Then I want to be very clear on these issues, very, very important to me. Now, in all the figures that were mentioned as the valid votes cast and all those things, you were saying if the figures were correct, and that there were inconsistencies in the figures. I want to ask you, Now, in your own calculation, what were the valid votes cast in the presidential elections on 7th December 2020, in your own calculations?”
Asiedu Nketia: “My Lord, those calculations are reserved for a meeting for us to reconcile the figures, because the first respondent [Electoral Commission Chairperson] herself is changing the figures, and so it is …”
At that point, the Chief Justice, Justice Anin Yeboah came in and said: “Mr Asiedu Nketia, please help the court. You see, when you started giving evidence, you said you had all the representatives across the 275 constituencies, you said you put agents there and they were to, I mean collate the figures, you said it. Then he is asking you, that from that, what figure did you get, you?”
Asiedu Nketia: “My Lord I haven’t brought that figure to court.”
Justice Apau: “Ok. Then, from your own calculations, how much, what were the valid votes cast in favour of the petitioner [John Dramani Mahama], to your knowledge?”
Asiedu Nketia: “My Lord, when we discovered these discrepancies, it was difficult to even get figures…”
Justice Apau: “So you don’t know, you just answer.”
Asiedu Nketia: “My Lord I don’t know.”
Justice Apau: “Ok. then the last one. What figures from your own calculations did the second respondent [Akufo-Addo] get, as the total valid votes cast in his favour?”
Asiedu Nketia: “My Lord, I don’t have those figures here.”
Justice Apau: “Thank you, that is all.
Hearing continues Tuesday, February 2, 2021
Source: graphic.com.gh
