…As EC says it has no witness to call
The Ho High Court, adjudicating the disenfranchisement of over 17,000 voters from the Santrokofi, Akpafu, Likpe, and Lolobi (SALL) traditional areas in the 2020 parliamentary elections, has scheduled June 26, 2024, to hear testimony from Railway Development Minister, John Peter Amewu, whom the Electoral Commission (EC) declared the winner of the disputed Hohoe Parliamentary contest.
This, follows the testimony of Professor Margaret Kweku, the National Democratic Congress’ (NDC) Parliamentary candidate in the 2020 election, who testified yesterday producing documents to support her claims against the EC and Mr Amewu about how eligible voters were denied their voting rights.
Interestingly, the EC, has announced it won’t call any witnesses to speak to the matter, deploying the same strategy it used at the 2020 election petition hearing in the Supreme Court when its chairperson Jean Mensa, refused to enter the witness box, and was allowed to go scot-free.
Shortly after yesterday’s proceedings, the court adjourned the case and fixed Wednesday, June 26, 2024, for Mr Amewu’s testimony.
Additionally, a further date of July 2, 2024, has been set for the continuation of the trial.
Mr Amewu, was the candidate of the New Patriotic Party (NPP) in the Hohoe Parliamentary contest and was eventually declared by EC after 17,688 registered voters were not allowed to vote in that election.
Prof. Kweku, who is the first petitioner in the election petition against Mr. Amewu, testified on behalf of all five petitioners.
Her witness statement, filed on May 30, 2024, was adopted as her evidence-in-chief.
Several documents referred to in her witness statement, such as the EC’s announcement on December 6, 2020, preventing voters in the SALL traditional areas from voting in the parliamentary elections, were admitted in evidence.
She also submitted documents that the court had ordered the EC to produce, including the list of registered voters in the SALL traditional areas.
According to the first petitioner, the list showed 17,688 registered voters in these areas.
Under cross-examination by counsel for the first and second respondents, the witness indicated that any references made to various Constitutional Instruments in her witness statement could be explained by her counsel, as she was not technically qualified to do so.
The witness described her background as a medical doctor and a lecturer at the University of Health and Allied Sciences at the Hohoe campus.
Counsel for the petitioners, Mr Tsatsu Tsikata, announced that there would be no re-examination and no other witnesses called for the petitioners.
The court presided over by Justice Owoahene Acheampong, granted a motion by counsel for Mr Amewu to amend his answer to the election petition, as there was no opposition to the motion by either counsel for the petitioners or the first respondents.
The court gave the second respondent 48 hours to file the amended answer and five days to file any further issues and or an amended witness statement.
The case was then adjourned to June 26, 2024, for Mr Amewu’s testimony, with a continuation date set for July 2, 2024.
During the Case Management Conference (CMC) before Professor Kweku’s testimony, counsel for the EC informed the court that the Commission would not call any witnesses.
Before yesterday, Justice Owoahene Acheampong had expressed his displeasure at the absence of the lawyer for the EC, Justin Amenuvor.
This occurred during the hearing of an application by the petitioners’ lawyer, Philip Jimanor, for leave to file amended replies to the answers submitted by both the 1st Respondent (the EC) and the 2nd Respondent, John Peter Amewu, to the petition.
The case, initiated by Prof. Kweku and four others, challenges the declaration of Amewu as the winner of the Hohoe parliamentary seat, citing the disenfranchisement.
It is a case of the EC, as always not being ready to speak about its conduct after the 2020 polls as happened in the 2020 election petition hearing in the Supreme Court where the chairperson, Jean Mensa, refused to enter the witness box to speak to the result she declared for the presidential context, and was supported by the 7-member panel of judges.
EC, made a significant change in its legal representation, replacing its previous lawyer, Sekyi-Boampong, with Justin Amenuvor, who represented the EC during the 2020 election petition filed by NDC and its presidential candidate, John Dramani Mahama. This change came as the case approached crucial trial dates.
Justice Owoahene Acheampong referred to a previous occasion when he had similarly commented on the absence of the previous EC lawyer, Mr Sekyi-Boampong, highlighting a recurring issue with the EC’s legal representation.
Benedict Kofitse appeared for Mr Amewu and did not oppose the application. The judge granted the petitioners’ application and adjourned the case to tomorrow, Thursday, June 20, 2024.
To date, no witness statement has been filed on behalf of the EC. However, the EC has submitted the list of registered voters in the SALL traditional areas at the time of the December 7, 2020, parliamentary election, as ordered by the court on June 3, 2024.
