This is not 2013 petition hearing, you can’t be evasive again – Frank Davies to Asiedu Nketia

Frank Davies, one of the president’s lawyers in the ongoing election petition hearing at the Supreme Court, has noted that one of the petitioner’ witnesses, Johnson Asiedu Nketia attempted to be evasive when being cross-examined on Friday, January 29.

He indicated that the General Secretary of the National Democratic Congress (NDC) adopted same posture during the 2013 election petition hearing.

But, Mr Davies, said he will not be allowed to repeat same attitude.

He said adding that “[Asiedu Nketia] remained largely evasive.”

During cross-examination by Mr Akoto Ampaw who is the lead counsel for the 2nd Respondent, Mr Asiedu Nketia responded to one of the questions saying “You are asking me questions that ought to be asked the petitioner.”

But speaking to the media after proceedings on Friday, January 29, Mr Davies said “How can you come to court as a witness for a party and when you are asked questions you say ‘I don’t speak for the petitioner’? Then why are you in court?”

The Supreme Court has adjourned hearing of the election petition to Monday, February 1 after hearing on Friday, January 29.

The court began cross-examination of the witnesses of the petitioners on Friday.

The first to be cross-examined was Johnson Asiedu Nketia who had been picked by the petitioner, John Mahama as one of his witnesses.

Mr Asiedu Nketia told the court, among other things, that he did not mention in his witness statement that after the 2020 elections the petitioner, John Dramani Mahama told the whole world at a press conference that he won the elections.

This was after lead counsel for the 2nd respondent, Akoto Ampaw, put it to him while under cross-examination that, soon after the results were announced, the National Democratic Congress (NDC) held series of press conferences led by the petitioner to tell the world that he had won.

After Mr Ampaw said that to him, he retorted that “My Lords that is not in my witness statement.”

During an earlier cross-examination by lawyer for the 1st Respondent, the Electoral Commission (EC) on the same day, Mr Asiedu Nketia requested a calculator to enable him add figures to make his case while being crossed examined).



He was accordingly, given the calculator by the court amidst laughter by some persons in the Supreme Courtroom.

The petitioner, Mr John Dramani Mahama also picked another member of the NDC Mr Michael Kpessah-Whyte to testify in the case. He is yet to appear in the witness box.

Mr Nketia had told the court in his witness statement that there has never been any election in which the 1st Respondent, the Electoral Commission (EC) has admitted a catalogue of errors than in the 2020 presidential elections.

He said that “In no previous Presidential Election in the Fourth Republic in Ghana has there been such a catalogue of admitted errors as in what happened after the 7th December 2020 Presidential elections."

“In all previous Presidential Elections, results collated at each constituency collation centre were transmitted directly by fax from 1st Respondent’s regional offices (without collation), to what is usually referred to as the ‘strongroom’ at its head office in Accra, and handed over to the representatives of the candidates, for them to scrutinize and then certify."

“In those previous Presidential Elections, when 1st Respondent declared the final results, they were based on the collated results from the constituencies which were duly certified by representatives of the candidates in the strong room.”