2020 Election Petition: Kpessa Whyte, Johnson Aseidu Nketia To Testify For Mahama
Flagbearer of the National Democratic Congress (NDC) in the 2020 Presidential and Parliamentary elections and Petitioner in the 2020 election challenge case before the Supreme Court, John Dramani Mahama, has filed two witness statements to support his petition.
Checks at the Supreme Court registry shows that Mr. Mahama instead of the five (5) witnesses he indicated in his petition that he will be relying on, has filed two (2) witness statements instead, namely, Dr. Michael Kpessa Whyte, a leading member of the NDC and Johnson Aseidu Nketia, the General Secretary of the NDC.
The Petitioner (John Dramani Mahama) was ordered by the Supreme Court on the 20th January 2021, to file his witness statements but he failed to do same as at Tuesday the 26th of January 2021, when the Court was due to sit on the petition. When the Court constituted on the morning of the 26th of January 2021, Tony Lithur, lawyer for the Petitioner told the Court that they were unable to file their witness statements because they were hoping that the Court will hear a review application they had filed on their dismissed application to serve interrogatories on the Electoral Commission (EC) since the answers they are expecting from the interrogatories will help them shape up their witness statements.
The seven-member Supreme Court panel presided over by Chief Justice Anin Yeboah, did not take kindly to the seeming disregard of their orders by the Petitioner. The Court however decided to give the Petitioner a second opportunity to file his witness statements in compliance with the orders of the court which were issued on the 20th of January 2021 or risk forcing the Court to dismiss the petition as stipulated in the Supreme Court rules, CI 99.
In the said orders of the Supreme Court on the 20th of January 2021, the petitioner was instructed to file his witness statements by 12 noon on the 21st of January 2021. The Respondents were also ordered to file their witness statements by close of day on the 21st of January 2021. While the Respondents complied with the Court order, the Petitioner did not comply with same.
The seven Justices of the Supreme Court at the sitting of 26th January 2021, were visibly unhappy about the fact that the Petitioner disregarded their orders to file their witness statements. After some few exchanges between the Court and Tony Lithur, lawyer for the Petitioner, the court rose for about 30 minutes for deliberations and returned with orders which essentially gave the Petitioner another chance to file his witness statements.
According to the Supreme Court, it relied solely on rule 69 (4B) of the Constitutional Instrument (C. I. 99) which states, “the Court may (a) dismiss the petition, where the petitioner fails to file the processes regarding the petition within the specified time; or (b) hear and determine the petition, where the respondents fail to file their answers or the processes regarding their answer within the specified time.”
To this end, Chief Justice Anin Yeboah, cautioned the Petitioner and his lawyers that should they fail to comply with the second window of opportunity they had been given, the court would employ fully the dictates of rule 69 (4B), which will mean, their petition will be dismissed.
Having complied with the re-order of the Supreme Court by filing their witness statements, the path is cleared for the Supreme Court to move the case a set forward towards the actual trial. The Supreme Court will reconstitute tomorrow, Thursday the 28th of January 2021 for hearing.
By Wilberforce Asare