Robert Joseph Mettle-Nunoo, the third witness for John Mahama, the petitioner in the ongoing election petition case, will today, Monday, February 8, 2021, advance with his testimony when the Supreme Court resumes hearing.
In spite of his cross-examination being slated for last Friday, it did not happen following objections raised by Akoto Ampaw, counsel for Nana Akufo-Addo who was seeking to have portions of Mr. Mettle-Nunoo’s witness statement expunged.
Mr. Akoto Ampaw, the lead lawyer for President Nana Addo Dankwa Akufo-Addo, 2nd respondent in the election petition case, objected to almost all the 32-paragraph filed for witness statement by Rojo Mettle-Nunoo, a witness for the petitioner.
According to Akoto Ampaw, about 20 paragraphs in Mettle-Nunoo’s statement should be expunged because they are not based on the pleadings of the petitioner and unduly prejudicial.
The paragraphs he disputed are 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 20, 22, 23, 24, 29, 30, 31, 25, and 26.
The lead counsel for the 1st respondent, Mr. Justin Amenuvor associated himself with the objections raised by Mr. Akoto Ampaw.
The legal arguments by the opposing counsels in the petition culminated in a ruling in which the Supreme Court struck out five out of the 32 paragraphs contained in the witness statement of Mr. Mettle-Nunoo.
“We are of the opinion that paragraphs 4, 5, 6, 7 [and] 18 ought to be struck out as they have no foundations in the pleadings or supported by the evidence and the same is hereby struck out.
“The remaining paragraphs in the witness statements are maintained. The petition is hereby adjourned to Monday, February 8 for cross examination of Mettle-Nunoo,” Justice Anin-Yeboah read.
Mr. Tsatsu Tsikata, the lead counsel for the petitioner, John Mahama, however, opposed the objection.
He argued that Mr. Ampaw’s objections are baseless “and should be overruled” by the court.
Admittedly, Mr. Mettle-Nunoo has become critical in the petition after the second witness, Dr. Michael Kpessa-Whyte, during his cross-examination disclosed that he was instructed by the Electoral Commissioner to exit the strong room to consult with the petitioner and flagbearer, John Dramani Mahama, prior to the declaration of the December 7 election results.
This led to them being absent from the National Collation Centre when the election results were declared.
Mr. Mettle-Nunoo together with Dr. Kpessa-Whyte were agents for the petitioner on Election Day and were responsible for the review and certification of the presidential election results in accordance with regulations spelt out in CI 127.
Dr. Dominic Ayine, a spokesperson for John Mahama in the ongoing petition, addressing the press last week, described as “a great victory” the court’s decision to maintain a crucial chunk of the third witness’ statement, made by Robert Joseph Mettle-Nunoo, in spite of objections from President Nana Akufo-Addo’s counsel.
Dr. Ayine admitted that, his side was “taken aback” by the objections raised by Mr. Akoto Ampaw, but noted that the Supreme Court panel appreciated the evidence in the witness statement.
“For instance, we made it clear in our petition that the Chairperson of the Electoral Commission had acted in an unfair, arbitrary and capricious manner and the evidence of Rojo Mettle-Nunoo was meant to make it clear the extent to which the Chairperson was capricious, arbitrary and unfair [to us]”.
