A member of President Akufo-Addo’s legal team, Frank Davies says the petitioner; John Dramani Mahama has refused to file his witness statement.

Speaking to the press after Friday's hearing, Frank Davies said it is imperative for the petitioner to present the evidence he claims as a basis for filing the 2020 election petition.

"It is very instructive to let all Ghanaians know that the one person who filed the petition, John Dramani Mahama has refused, failed or neglected to sign onto a witness statement.

"The witness himself has no witness statement before the court," he said.

The legal counsel for the Second Respondent indicated that the petitioner's ambition to pray for a run-off from the Supreme Court should necessitate his submission of a witness statement.

"This same person is refusing to come out and give evidence in court," he added.

In contrast to Frank Davies' claims, a member of Mr. Mahama's legal team, Dominic Ayine said the submissions made by Akufo-Addo's legal counsel are misplaced and hold no basis.

According to Dominic Ayine, the petitioner, John Mahama has acted in accordance with guidelines stipulated in the 1992 constitution, hence has breached no law.

"It is far from being the case that John Dramani Mahama himself must testify in this matter. He has filed a petition, he is entitled as of right under the law to call witnesses in aid of his case and that is what he has done," he said.

He stated that President Akufo-Addo, during the 2012 election petition, failed to testify as a witness but rather called witnesses to testify on his behalf.

"I am surprised that a senior Lawyer of Frank Davies' stature is confusing petitioner with witnesses that the petitioner calls," he added.

Citing the 2012 election petition filed by President Akufo-Addo, Dominic Ayine questioned the morals of Frank Davies.

"So is it the case that when it comes to His Excellency John Dramani Mahama, the law must change and compel him to testify," he quizzed.

Background

The National Democratic Congress’ (NDC) flagbearer, John Dramani 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.

In his petition to the Supreme Court, Mr. Mahama said, “The claim that percentage of votes obtained by the 2nd Respondent [Nana Akufo-Addo] was 51.595% [6,730,413] of the total valid votes that she distinctly stated to have been 13,434,574 was a manifest error, as votes cast for 2nd Respondent would amount to 50.098% and not the 51.595% erroneously declared.”

He said the 1st Respondent in her December 9 declaration said the NDC candidate obtained 6,214,889 being 47.366% of the valid votes.

“From the total votes cast of 13,434,574, petitioner’s percentages would reduce to 46.260% and not the 47.366% erroneously declared.

“The percentage attribute to all but one of the other candidates by Mrs Jean Adukwei Mensa were all incorrect,” he said.

The former President argued that if all the valid votes for all the candidates who contested the election are put together, it would total “13,121,111, a figure that is completely missing from the purported declaration by Mrs. Jean Adukwei Mensa on December 9, and the purported rectification on December 10.”

Mr Mahama said the percentage of all the valid votes for the 12 contesting candidates “would yield a total of 100.03%.”

This he said is a “mathematical and statistical impossibility, a further proof of the wrongfulness and unconstitutionality of the purported declaration.”