Petitioners Witness Missing in action as Court Fines Petitioners again.


Sitting for the 2015 University of Ghana S.R.C Election petition continued on Monday April 28th at the S.R.C Union building conference room. Readers will recall that the previous sitting on Sunday ended when Petitioners Witness 3 (PW3)-Kingsley Ohene Dokyi was being cross examined by Counsel Amable (Counsel for first respondent-Electoral Commission). Prior to the Sitting on Monday, it was expected that this cross examination continues but this delayed due to the issue of further and better particulars.
Further and Better Particulars
Earlier reports published on indicated that the Counsel for Davis Ohene Fobi (2nd Respondent) had requested for further and better particulars from the Petitioners. The failure of the petitioners to provide this at the Start of Sitting on Sunday resulted in a fine of 50 cedis. At the start of Proceedings on Monday, Counsel for the 2nd Respondent, Counsel Benyin informed the Court that he had received a document which he didn’t believe was a true reflection of the further and better particulars he had requested for. He explained that this was because it failed to adequately respond to the specifics of his request. Counsel Abisa who represents the Petitioners responded that it was accurate. Further debate on the floor of the House revealed that, the document provided by the petitioners was prepared as a response to the letter demanding for further and better particulars. They had thus ignored the attached document which outlined the specifics because they were of the opinion that the letter and the attached document were the same. The Bench ordered that the Petitioners furnish the 2nd Respondent with the appropriate Further and Better particulars before Court Sitting on Tuesday or risk having their 5o cedis fine increased to 100 cedis.
cross examination
Cross Examination of PW3 Continues
Counsel Amable who represents the Electoral Commission (first respondent) then continued with his cross examination of Kingsley Ohene Dokyi (PW3). During cross examination, Ohene Dokyi alleged that the Dean of Students Affairs ordered him to declare the results of Commonwealth Hall polling station from an unidentified laptop. He explained that this was not the server laptop which had been used in Commonwealth Hall. He stated that he handed that server laptop to the Electoral Commission at the Union Building. He was later called up and asked to mention results from this unidentified laptop. The results from this laptop contrary to the one used at Commonwealth Hall which he had viewed, returned Mikdad Mohammed as Winner of Commonwealth Hall instead of Davis Ohene Fobi, he alleged.
Counsel for 2nd Respondent takes over
The counsel for the 2nd Respondent then took over from Counsel for the Electoral Commission to have a bite at the cherry. The counsel attempted to have PW3 identify a document he claimed outlined the regulation used in the 2015 Elections. Counsel for Petioners, Abisa, objected to this document arguing that it was dated 2014 which means that it wasn’t the regulation used in the 2015 elections. The ensuing debate led to Counsel for second respondent taking back the document.
PW3 was then discharged after a brief re-examination by Counsel Abisa who represents the Petitioners.
Action against Justice Sixtus
The bench was then notified by Counsel Abisa about information reaching them that indicated that some Students of Alexander Adum Kwapong were challenging the eligibility of Justice Sixtus serving as a member of the Bench. The registrar of the Court then furnished the Bench with the document. The Bench replied that such a document could not be served while sitting was in session. Justice Sixtus replied that his office had not been notified with the said documents
PW1- Misssing in Action
The court before going for a short recess asked counsel Abisa whether the projector he stated will be required by Petitioners Witness 1 had been brought to court. He replied that this was in a Car parked outside. After recess the court asked him to provide the projector. He responded that the car which had the projector in it had been moved. Members of the court couldn’t help but laugh which led to the Bench reminding members of the gallery that the court room was not a circus. The Bench then ordered the Counsel for the petitioners to introduce PW1. Counsel Abisa responded that this was impossible because the projector had been taken away. The Bench went on recess and returned to slap the Petitioners with a fine of 100 cedis. The Bench explained this decision to be due to the refusal of Counsel for the Petitioners to introduce PW1 as ordered by the Court. The Bench then complained about the attitude of the Counsel for the Petitioners which the Bench described as disrespectful. Derrick Ackah Nyameke, a Co-Counsel for the Petitioners apologized to the Bench on behalf of his team.
Court Adjourned
Court was adjourned to Tuesday April 28th at 6:30pm at the S.R.C Union Building Conference room. Pettioners Witness 1 is expected to appear before the court.

Joseph Kofi Frimpong Ackah-Blay

Posted by Joseph Kofi Frimpong Ackah-Blay

Writer|Social Critic|Patriotic Ghanaian|Nationalist and committed to African values|Radio Show host @Radio Univers 105.7| Student at University of Ghana|Twitter:@BlayAckah|Facebook:Kofi Frimpong Ackah-Blay|

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