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Election 2020

Election Petition: Tsikata Wants Video Recordings Of EC ‘Strong Room’ Collation To Be Played In Court



Lead Counsel for the petitioners in the ongoing election petition hearing, Tsatsu Tsikata, is making a case for video recordings of happenings in the strong room of the 1st Respondent, the Electoral Commission (EC) during last year’s elections, to be played in court to support the witness statement of Mr Rojo Mettle Nunoo, one of the petitioner’ witnesses.

Tsatsu objected to a move by the lawyer for the 2nd Respondent, Akoto Ampaw, to get paragraph five of the witness statement thrown out. Mr Ampaw wanted that part dismissed on the heels that it was not borne out of pleadings.

Paragraph 5 of Mr Nunoo’s statement said: “The EC had a video documentary person recording the events in the strong room and I have no doubt that if that documentary is made available in its authentic version it will confirm what I am saying in this witness statement about things that occurred in the strong room.”

Mr Tsiktata told the court that “Second witness said there was somebody taking video commentaries. That evidence was not objected to, that evidence is before you and we are respectfully submitting that what is stated in Paragraph 5 is no different from what is already before you about the video documentary.
“All that this witness is adding is that he is willing to put his credibility on the line so that if anybody wants to have recourse to the video they are entitled to.

“Depending on the cross-examination we may indeed come before you with an application that that video should be produced in court and played.”

Mr. Robert Joseph Mettle Nunoo had said in his witness statement that the Chair of the Electoral Commission (EC), Jean Mensa told him that, all the concerns he had raised in the strong room against the collation of the presidential results were genuine.

Source: 3News

Election 2020

Mahama’s Petition Is So Weak, It Shouldn’t Have Been Heard – Akoto Ampaw’s Final Address To The Supreme Court



Lawyers for President Nana Addo Dankwa Akufo-Addo have prayed the Supreme Court to dismiss the Petitioner’s case as it discloses no reasonable cause of action.

President Nana Addo said “our submission is that the petition is frivolous and discloses no reasonable cause of action remains unshaken, notwithstanding the evidence led in aid of the Petition.

In fact, the woeful performance of the Petitioner’s witnesses during their respective cross-examination has further buttressed our position that the instant Petition with all due respect, ought not to have proceeded to trial.”

In the second respondent’s closing address filed at the Supreme Court, Nana Addo said the Election Petition was one that in all shape and form relate to an attack on the process for the conduct of the presidential election itself.

“In the instant matter, it is clear on the face of the Petition and indeed the evidence of Mr. Asiedu Nketia in particular that the Petitioner was not in court to challenge the validity of the election but the case concerns the performance of the function 1st respondent (EC) and its Chairperson pertaining to the declaration of the Presidential election of December 2020, shows that the petition is not an election Petition properly so-called.”

The second respondent argued that from the Petitioner’s reliefs he did not contest the propriety of the conduct of the elections hence his call for another election between him and the Petitioner.

According to the second respondent even though from the reliefs of the Petitioner that, no one had 50 percent of the total number of valid votes cast in the Election and there seek a ” second election with the Petitioner and the second respondent as a candidate…”, the Petitioner did not indicate his percentage or number of votes in the December 7, 2020 polls.

“Not having pleaded these fundamental material facts and no evidence having been led on same, it is our humble submission that this Petition does not qualify to be an election Petition.”

Incidentally, the Petitioner has also not contested any of the EC processes when it’s come to the process of voting, counting of votes, and declaration of results at polling stations among others.

The second respondent says that, the instant Petition belongs to the class of actions that could be best described as “suits challenging the declaration” rather than the validity of the election itself.

“The court is invited to hold that no challenge of the conduct of the election is stated from paragraph one to 30 of the Petitioner’s Petition.

Nana Addo held that Article 64 (1) of the Constitution set out the criteria for the invocation of the Supreme Court’s original jurisdiction on the conduct of a presidential election.

“The Supreme Court, therefore, is not, clothed with jurisdiction to entertain any matter clothed with apparel of presidential election Petition when in fact it is not.”

The second respondent said based on the evaluation of facts and the law, in terms of Mr Asiedu Nketia, one of the Petitioner’s witnesses, the Court’s jurisdiction has not been properly invoked.

The second respondent said it was not in dispute that a summation of the total valid votes announced by the EC Chairperson, Mrs. Jean Mensa as having obtained by the 12 candidates yielded a total of 13,121,111.

“Apart from the fact that this figure is incontrovertible, Petitioner failed or refused to provide any contrary evidence that would establish or least suggest that the valid votes declared for the 12 candidates were erroneous.

The second respondent argues that apart from reproducing the figures declared by the EC Chairperson and making fanciful analogies based on her innocuous errors, the Petitioner failed to provide his own data or independently attained figures to controvert what was declared as the valid votes obtained by each of the 12 candidates.

Nana Addo, therefore, prays the court to ignore allegations of arbitrariness and lack of transparency in the National Collation Centre, saying that “these allegations are of little probative value.”

Source: GNA

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Election 2020

Election Petition: Another Error Discovered In Tsikata’s Closing Address To The Supreme Court



What was supposed to be a petition challenging an alleged error in the declaration made by the chairperson of the Electoral Commission on December 9 2020, turned out to be itself riddled with errors as has been seen since the 2020 election petition hearing commenced.

The first error was identified by the lawyers for the 2nd respondent, when they identified that the original petition was actually praying the court for a runoff between John Mahama and Jean Adukwei Mensa, the chairperson of the EC.

Having been granted leave to amend the error in the petition against the argument of the 1st and 2nd respondents, the amended petition also turned out with an error.

Yet another error has been identified in the petitioner’s final closing address to the Supreme Court, in which the petitioner claims to have filed his petition on 30th December 2021 even though we are still in February 2021.

It is unclear if the counsel for the petitioner will pray the court for another leave to amend their closing address.

Meanwhile, the Supreme Court is expected to deliver their verdict on March 4 2021.

Source: GhanaFeed.Com

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Election 2020

Order A Re-run Of Election 2020 Because Jean Mensa Refused To Explain ‘Changing Figures’ – Tsikata Tells Supreme Court



Lawyers for the petitioner in the on-going election petition has charged the Supreme Court to  rule in favour of John Mahama who wants a re-run of the Presidential elections.

The petitioner’s legal team led by Tsatsu Tsikata pointed out that once the first respondent (Electoral Commission) has failed to testify, the court should not think twice when giving out it ruling.

According to them, there is no evidence from the EC on the basis of which any of its contradictory figures presented on December 9, last year, can be accepted as truth.

Mr Tsikata believes the EC Chairperson Jean Mensa was given a fair opportunity to mount the witness box and tell the world what the actual total valid votes cast in the elections were, but she declined.

“First respondent has not discharged the burden of proof on it to show the error allegedly made by the EC on December 9, and the purported correction on December 10 or any other figure derived from results it has published.

“No basis exists for any Trier of fact to consider that first respondent has even discharged “the burden of producing evidence under section 11 of the Evidence Act.

“The obligation of the first respondent to introduce sufficient evidence to avoid a ruling against him has not been simply met because first respondent decided not to have anyone testify on their behalf.

“No evidence is therefore, available for the first respondent to avoid a ruling against it,” as captured in the closing address filed on February 23, 2021.

The petitioner has maintained that the non compliance by the Chairperson is a serious infraction of a constitutional instrument, for which she wields her power.

Also, the petitioner said the EC’s lawyers failed to provide evidence to contradict the testimony of their first witness, NDC General Secretary, Johnson Asiedu Nketia with regards to the percentage of votes obtained by each candidate.

They, again, maintained that the petitioner does not need to lead evidence to show that no candidate obtained more than 50% of the votes.

He need not come to court with his own figures, as they were not in court “to take the job of the Returning Officer”.

Source: TheGhanaReport

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