Election Petition: SC strikes out 10 paragraphs of Asiedu Nketia's witness statement

The Supreme Court has struck out 10 paragraphs of Johnson Asiedu Nketia's witness statement in the Election 2020 Petition, saying he cannot testify on those paragraphs.

The Supreme Court said those paragraphs would have been admissible if the petitioner (John Dramanai Mahama) was testifying in court.

It held that those paragraphs were not in the knowledge of the witness.

It further held that sections of those paragraphs were not based on the pleadings of the petitioner and same did not have foundation in the pleadings.

“In respect of paragraphs 30, the court is of the view that it has no foundation with the pleadings as it just refer to CI 127, which the witness cannot testify on the status,” the Court said.

The Court, therefore, ordered that the paragraphs referred to should be expunged from the witness statement.

The ruling came after Mr Aseidu Nketia, the National Democratic Congress (NDC) General Secretary, mounted the witness box to testify in the Election Petition case before the Supreme Court.

Mr Nketia, after identifying his witness statement, had his evidence halted because of an objection raised by Mr Akoto Ampaw, Counsel for the second respondent (Nana Addo Dankwa Akufo-Addo).

Mr Ampaw, Lead Counsel for Nana Akufo-Addo, objected to the admissibility of 10 out of 39 paragraphs of Mr Asiedu Nketia's witness statement.

He contended that the allegations raised by Mr Aseidu Nketia were highly scandalous, prejudicial and same were not part of the petitioner's pleadings before the Court.

He, therefore, prayed the seven-member panel to strike out those 10 paragraphs.

Mr Tsatsu Tsikata, lead counsel for the Petitioner, held that those 10 paragraphs were issues of facts and in the statement of case of the Chairperson of the Electoral Commission (EC) admitted some errors in the computation by the EC.

He said the 10 paragraphs were clearly pieces of material evidence relating to the facts of the case.

The Supreme Court, as part of conducting pretrial in the Election 2020 Petition, ordered parties to file their witness statements.

The petitioner indicated it would be calling five witnesses but filed only two, indicating that as and when there was the need to call a witness, a supplementary application would be filed to that effect.

Mr Asiedu Nketia and Dr Michael Kpessa White, a member of the NDC, who was in the EC's strong room, are expected to testify for the Petitioner.

The Petitioner is in court to challenge the validity of the results that declared Nana Akufo-Addo as the winner of the election.

—GNA