Mosquito, Rojo performed abysmally
It is the conviction of lawyers for the 2nd respondent, Nana Addo Dankwa Akufo-Addo, in the 2020 presidential election petition, that all three witnesses the petitioner, John Mahama, called performed woefully.
According to the 2nd respondent, the abysmal performance of the witnesses of the petitioner, cements their initial position that the petition ought to have been struck out at the preliminary stages.
The 2nd respondent said these in a 102-page writing closing address dated February 15, 2021, and signed by his lead counsel, Akoto Ampaw ESQ.
Analysing the issues set out by the court for determination of which the first is whether or not the petition discloses any reasonable cause of action, the 2nd respondent said his submissions on the preliminary objections addressed that.
“My Lords, we have sufficiently addressed the court on issue 1 by our submission on the preliminary objection filed on 22nd January, 2021. We, therefore, pray that your Lordships dismiss the petition in its entirety, as it discloses no reasonable cause of action. Indeed, we respectfully maintain our conviction expressed in the said submissions that the petition is frivolous and discloses no reasonable cause of action remains unshaken, notwithstanding the evidence led in aid of the petition. In fact, the woeful performance of petitioner’s witnesses during their respective cross-examinations has further buttressed our position that the instant petition, with all due respect, ought not to have proceeded to trial. Be that as it may, it has rather exposed further the malaise that afflicted the petition at the time of its filing, and which has, even after the trial, clearly decayed to become incurable. We humbly pray you Lordships to dismiss the petition on the basis of the submissions on the preliminary objection.”
Despite the above, the document went on to discuss the rest of the issues ex abundanti cautela (out of abundant caution).
The 2nd respondent’s lawyers moved to demonstrate through their writing closing address that their client, President Akufo-Addo, crossed the over 50% threshold imposed by the constitution.
The General Secretary of the National Democratic Congress (NDC), Johnson Asiedu Nketiah’s cross-examination was referenced by lead counsel for the President, Akoto Ampaw.
Read below portions of Mosquito’s cross-examination by Akoto Ampaw contained in the document
Akoto Ampaw: I am saying that from the declaration in the video clip that we just saw, which really is the basis of all your case, and you should know what is in it, the total number of valid votes that 2nd respondent obtained is6,730,413?
Asiedu Nketia: That is correct my Lords.
Akoto Ampaw: The total number of valid votes that the petitioner obtained from the declaration announcement, your Exhibit ‘A’, is 6,214,889?
Asiedu Nketia: That is so my Lords.
Akoto Ampaw: And I am also putting it to you that if you do a sum of all these valid votes…
Can you tell the court what is 6,730,413 as a percentage of13,121,111?
Asiedu Nketia: My Lords, it is 51.29453 ad infinitum. So, it can be rounded up to 51.295%
Akoto Ampaw: So, 51.295%, not so?
Asiedu Nketia: Yes.
Akoto Ampaw: What about the petitioner, his total valid votes are 6,214,889. What is this sum as a percentage of 13,121,111?
Asiedu Nketia: It is 47.365569 ad infinitum. So, it can be rounded up to 47.366.
Akoto Ampaw: So you admit that from the Chairperson of 1st Respondent’s declaration on 9th December, 2nd respondent crossed the more than 50% threshold?
Asiedu Nketia: From the declaration, as announced.…
Akoto Ampaw: From the figures that we just calculated, these figures which were announced, if you do them as a percentage of the actual total valid votes, these are the percentages you get for the petitioner and the 2nd Respondent. That is what I am putting to you?
Asiedu Nketia: Well, if the figures are correct, yes.
The President’s legal team says this admission shows the petitioner “has made much ado about nothing of the fact that in announcing the total valid votes cast, the Chairperson of the EC stated a wrong figure of 13.4 million.”
The lawyers say: “This petition is an industry in futility. It has been designed, built, and furnished with lazy labour of facts and evidence that seek to attack the electoral choices of the people of Ghana.”