Audio By Carbonatix
The lead counsel of President Akufo-Addo in the election petition, Akoto Ampaw has described the NDC’s 12 interrogatories for the Electoral Commission as a fishing expedition which must be disallowed.
Making a submission during the second hearing of former President John Mahama’s petition Tuesday, Mr Ampaw referenced the legal judgment of the 2013 election petition noting that the interrogatories are being used because of the petitioner because he has no evidence.
He said the petitioner during cross-examination at trial can pose any of those 12 interrogatories.
“My Lords, Counsel for the petitioner referred to statements in the earlier presidential petition but he did not quote the legal judgment which is significant, and my lord with your permission I read; ‘It is, however, the nature of fishing interrogatory trying to get for the purpose of the defendant’s case, evident which he has not already got. On these grounds having regard to what has frequently been decided that because any question is a proper question to put during cross examination. It is not, therefore, necessarily a proper question to put interrogatories. We have decided that the interrogatory three ought to be disallowed has been a fishing interrogatory.”
In conclusion he said, “My Lords, it is our submission that these interrogatories are indeed fishing interrogatories and must be disallowed.
But the lead counsel for former President Mahama, Tsatsu Tsikata argued that the interrogatories are critical as it would help the apex court determine the authenticity of the results that saw the NPP presidential candidate, emerging as the winner of the 2020 polls.
On his part, the EC’s lawyer, Justin Amenuvor, he contends that Mr Tsikata is using the back door to introduce matters that are not stated in their earlier petition.
He explained that most of the questions are not in contention and have either been answered by the EC or is information that John Mahama is well aware of because he deployed agents across the country.
Giving its verdict on the motion, the Supreme Court held the view that Mr Tsatsu was relying on CI 47 while the current rule in force relating to the Supreme Court is the CI 99.
Also, the request requires the exercise of discretionary power that is granted when a case for relevance is made but since this has not been established hence the decision to dismiss the motion.
The seven-member panel of Judges hearing the petition includes Chief Justice Anin-Yeboah; Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor.
The National Democratic Congress’ (NDC) flagbearer, John Mahama has petitioned the Supreme Court to order a second round of the December 7, election.
According to the former President, the votes obtained by New Patriotic Party (NPP) candidate, President Nana Akufo-Addo and himself in the December 7, election as declared by the EC Chair were not enough to be declared winner.
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