News
The Supreme Court Was Wrong To Dismiss Tsikata’s Application To Inspect Original Documents – Prof. Kwaku Azar
A private legal practitioner and professor of accounting, Prof. Kwaku Asare, vehemently disagrees with the Supreme Court’s decision to dismiss an application by the 2020 National Democratic Congress’ presidential candidate, John Mahama, to be allowed to inspect documents in the custody of the Electoral Commission (EC).
In his view, granting the request by the petitioner would have enhanced the reputation of the first respondent who is the Chairperson of the EC, Mrs Jean Mensa.
Below is his full statement:
The petitioners, both now and in 2013, applied to inspect documents in the custody of the EC.
In both cases, the EC and the Respondent (the one declared elected) opposed the application. In both cases, the Court unanimously rejected the application.
There are some who disagreed with the Court in 2013 but who now agree with the Court. Then there are those who now disagree with the Court but agreed with the Court in 2013.
There may be those who agreed with the Court in 2013 and now. They may have good reasons for their stand.
I disagreed with the Court in 2013 and do now. My reasoning is simple. Unless there is some privilege that is being asserted, all government documents should be discoverable.
The EC loses nothing by making available to a petitioner any and all documents that the petitioner believes will help his case. I dare say such willingness to disclose information actually enhances the reputation of the EC and further adds credibility to its declaration.
Some have said that if you have copies of bank deposit slips then that should be enough if you have a dispute with the bank on your actual balance, where the bank claims to use the same slip but has provided multiple balances. I demur. A customer is entitled to know why the bank gets different balances.
Discovery should let the parties learn about their adversaries’ evidence to give them time to obtain challenging evidence.
The government and its agencies have an even higher duty of disclosure. The Court agreeing to televise the proceedings is the Court’s way of communicating to the public that it has nothing to hide.
I will support a revision of the Court’s rules to compel the EC, and other public agencies, to disclose documents in their custody to those who challenge their decisions.
Anyone who will want these disclosures as a petitioner should support this move. We must avoid taking positions based on where we stand.
The Speaker is right in complaining about the President’s failure to consult Parliament in the appointment of certain categories of Council of State members.
By the same token, the Speaker should also complain about why #SALL citizens are not represented in Parliament.
It is not “on” for the Speaker to complain about the lack of consultation while failing to take notice of SALL’s unprecedented and unlawful disenfranchisement.
Da Yie!
Source: GhanaFeed.Com
News
Supreme Court Affirmed My Victory In 2020 Polls – Akufo-Addo Reacts
President Akufo-Addo has reacted to the Supreme Court ruling on the 2020 election petition.
“On Thursday, 4th March 2021, the Supreme Court, in a unanimous ruling, affirmed my victory in the presidential election of 7th December 2020,” Nana Akufo-Addo who watched the live ruling in his office with his vice, Dr Mahamudu Bawumia posted on Facebook.
The 7-member panel of the Court presided by the Chief Justice, Kwasi Anin Yeboah unanimously dismissed the petition brought before it by NDC candidate for the 2020 election, John Mahama.
In an extensive verdict read by Chief Justice Kwasi Anin Yeboah, the court was of the opinion that the petitioner failed to disclose how the so-called errors by the EC chair materially affected the declaration.
Source: GhanaFeed.com
News
Petition Verdict: John Mahama Lost, Not NDC – Koku Anyidoho
Koku Anyidoho, a former Deputy General Secretary of the National Democratic Congress (NDC) has in a series of tweets urged Ghanaians to dissociate the NDC from John Dramani Mahama’s defeat at the Supreme Court after the 2020 election petition final verdict.
Mr Anyidoho, who is currently serving suspension from the NDC noted that former president John Dramani Mahama contested the results of the 2020 polls as an individual and not on behalf of the entire party.
“People should please remember that it is not the NDC which is in court ooo: it is an individual who is in court!”
“John Manama is NOT the President of the Republic of Ghana. His Excellency President Akufo-Addo is the President of the Republic of Ghana.”
“Let John Mahama fight his own battles and leave the NDC alone to exist,” he wrote.
The 7-member panel of the Court presided by the Chief Justice, Kwasi Anin Yeboah unanimously dismissed the petition brought before it by NDC candidate for the 2020 election, John Mahama.
In an extensive verdict read by Chief Justice Kwasi Anin Yeboah, the court was of the opinion that the petitioner failed to disclose how the so-called errors by the EC chair materially affected the declaration.
Source: GhanaFeed.com
News
‘Star Witness’ Asiedu Nketia Was The Only One Whose Testimony Was Relevant To Mahama’s Case – Supreme Court
The Supreme Court in its final verdict on the 2020 election petition indicated that witnesses of the petitioner failed to provide substantive testimonies which were relevant to the petitioner’s case except for Johnson Asiedu Nketia.
The court adjudged the NDC General Secretary as star witness whose contribution was “emphatic” and “relevant” as compared to the second and third witnesses.
Reading the judgment on Thursday, Chief Justice Kwasi Anin-Yeboah said “Out of the three witnesses [the petitioner called], the one whose testimony appeared to have relevance to the issue as stake was Mr Johnson Asiedu Nketia (PW1). He was in fact the star witness of the petitioner. His testimony vividly explained the reason the petitioner is in court.
“As for the other two witnesses, that is, (PW2 and 3), Dr Kpessa Whyte and Mr Robert Mettle-Nunoo, the little said about their testimony related to the issue at stake, the better,” Justice Anin-Yeboah stated.
Moreover, the panel described the testimonies of Dr Michael Kpessa Whyte and Robert Mettle-Nunoo as a “fanciful tale”.
“While the testimony of PW1 [Johnson Asiedu Nketia] was emphatic, that the petitioner is not in court to challenge or compare the figures or data presented by the 1st Respondent with any other figures.
“The testimonies of PW2 [Dr Kpessa Whyte] and 3 [Rojo Nunoo] were in respect of alleged irregularities in the figures or data on some of the collation forms that they sighted in the strong room but after which they ultimately signed or certified.
“Notwithstanding all these allegations of misunderstandings with staff of the 1st Respondent in the strong room and the fact that they were absent during the declaration they did not give any indication as to how these happenings and their absence affected the final results announced by the 1st Respondent,” Justice Anin-Yeboah read.
He continued, “Having signed or certified these forms, the witnesses, particularly, PW3, cannot turn round to talk of irregularities in the said forms. Their testimonies would have carried weight if the purpose of the petition was to challenge entries made by on the collation form or summary sheets but that is not the case.
“Their testimonies were, therefore, of no relevance to the issues set down for determination and we find them unworthy whatsoever in the settlement of the issues.”
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