Ghana does know the result of the presidential election– Gen. Mosquito
The General Secretary of National Democratic Congress (NDC), Johson Asidu Nketia is making a case that as stand Ghanaians do not know the actually figure generated at the just ended presidential election.
Mr Aseidu Nketia who was being cross-examined by Justine Amewuvor, lead counsel of the 1st Respondent in the ongoing election petition, Electoral Commission, said the petitioner is in court because the actual valid votes for the presidential election is not known.
This, he told the trying court on Friday: “We don’t know which is the total valid votes as we stand here because the 1st respondent churn out several different figures, so our case is that Ghana does know the result of the presidential election.
“Because the1st Respondent who has the constitutional mandate to conduct the elections and report exact figures has failed in that duty, so we are confronted with several figures. So it depends on what you want to believe…”
His answer was in response to a question was posed to him by Mr Amewuvor that: “I’m putting it to you the total valid votes as at the 9th December 2020, captured on ‘Form 13’ is just the same as the total valid votes in paragraph 12 of the petition?”
Cross examination
Justine: The 2020 December election was conducted under rules passed by parliament, is that correct?
Aseidu: Correct. It was supposed to be conducted by the rules but we have issues about the applications of the rules in conduct of the election.
Justine: C.I. 127 is binding on the petitioner
Judges: Shot down the question
Justine: The petitioner appoints agents to each of the polling stations in the country, is that correct?
Aseidu: That’s correct my lord
Justin: How many agents did the petitioner appoints for each polling station?
Aseidu: Two agents
Justine: Now at each polling station, the petitioner and indeed, all other candidates had agents, is that correct?
Aseidu: I cannot speak for all other candidates
Justine: You trained your agents of what their duties at the polling stations would be?
Aseidu: Yes my lord, that is correct.
Justine: You trained your agents on how Form 8a and 8b is to be completed in each of the polling station?
A: That’s correct my lord.
Q: You trained your agents on how each form was self-audit and designated to reduced errors or mistakes, is that correct?
A: That’s correct my lord.
Q: You also trained that at any point that they have a problem of what is happening at the polling station could refuse to sign the forms but state the reasons for it. Is that correct?
A: That’s correct
Q: You also trained them that if they stated the reason for not signing the issue will be taken up at the constituency collation centres. Is that correct?
A: That is correct my lord
Q: You also trained your agent that the end of counting and entering of figures, they collect their copies of the form A, whether or not they signed, Is that correct?
A: That is correct my lord
Q: You also appointed agents to each of the 275 constituency collation centres, is that correct?
A: That is correct my lord.
Q: You trained that unresolved issues from polling stations would be minute on Form 8b for resolution at the constituency collation centres, is that correct?
A: That’s correct my lord
Q: You also trained them to be expected to fill the duplicate of ‘From (8b)’ that have been given to them at the polling station, that is correct?
A: That is correct my lord
Q; Now, you also trained them to cross check their form 8b with anything that is done at the constituency collation centre, is that correct?
A: That is correct my lord.
Q: You also trained them that from all the information on form 8b, the EC official will collates the figure unto form 9, is that correct?
A: Correct
Q: You trained them that after collating on form 9 the result will be entered on form 10, I that correct?
A: That is correct but all with the involvement with our agents.
Q: Now you also trained them, if they had any issue with form 10, they could refuse to sign and state the reasons therefore, is that correct?
A; That’s correct.
Q: Now you also trained that once form 10 were completed, they were entitled to their copies, is that correct
A: That’s correct my lord
Q: So it is right to assume that your agents have all the form 10 with them, is that correct?
A: Yes my lord it could be assumed but whether that is the case is another matter.
Q: Now you will also agree with me that with our elections declared at all the polling stations before they move onto the constituency?
A: Yes, unless there a challenge about a particular polling station result.
Q: And at the constituency level the collated result are then put together and the winner of a particular constituency is declared, is that correct?
A: There are two elections that are collated at the constituency level, I don’t know one – presidential or parliamentary-
Q: Sir you are here because of the presidential election. My question is in reference to the presidential election?
A: The declaration is not done at constituency level. They indicate the tally for each candidate. The presidential election results are declared at the national level by the returning officer
Q: Are you therefore saying at the constituency level, you agents who has this number of valid votes?
A: That is what I am calling as the tallying of the votes are known but that is not the declaration of the result.
Q: You trained your agents that the Form 10 would be send to the regional collation centres, is that correct?
A: That is correct my lord.
Q: You also appointed agents to each regional collation centre
A: Yes my lord
Q: Some of your agents as announced publicly are lawyers, is that correct?
A: That’s correct my lord
Q: Now you also trained your agents that all the information in form 10 will be collated onto form 11, is that correct?
A: That’s correct my lord
Q: You also trained them that from collating the result on form 11, the result ought to be entered in Form 12
A: That is correct my lord
Q: Now you also trained them at that point they would be invited to either sign onto the Form 12 or object, is that correct?
A: That is correct but they are involved so they are not sitting somewhere only to be invited to sign and if they are agree that the process is proper, they are invited to sign
Q: Are you aware that of the 16 regional collation forms, your agents 13 of them?
A: Yes my lord
Q: are you also aware that one of such forms that was signed was in reference to the Ashanti region, is that correct?
A: yes my lord.
Q: Your agent signed the form for Ahafo, Oti, North-East, Bono, Upper West, Upper East, Central, Western, Savannah, Volta and Bono East
A: Yes my lord
Q. on each of those forms, your agents signed to declare as follows “We undersign here do declare that result shown above is true and accurate account of the ballot in the region. Is that correct?
A: Thus correct
Q: now at the National collation centre, which is the headquarters of the 1st respondent, you appointed two persons to that place for the collation, is that correct?
A: yes my lord
Q: One of such persons is Rojo Mettle Nunoo, is that correct?
A: yes my lord
Q: Rojo Mettle Nunoo had been a former deputy minister before?
- That’s correct
Q: And Mr Rojo Mettle Nunoo had been involved elections and has litigation with two people in this court?
A: My lords, I can’t testify about his litigation but I know he has been involved in our elections
Q: Now are you are aware that the national collation centre Mr Rojo Mettle Nunoo certified 12 of the 13 forms signed by your representatives?
A: My lords I cannot testify or deny because the other agent will be present in court to testify as to what happened in the National Collation Centre, my lord?
Q: now let us go to your witness statement. You spoke about exhibit D, the letter from the National Democratic Congress, dated December 9, 2020
A: Yes
Q: I suggest to you that letter was not delivered to the 1st Respondent?
A: my lords, our agent who was in the headquarters of the 1st respondent will be present in court and will attest to that fact.
Q: So you don’t know whether it was submitted or not?
A: A report was made back to me that it was submitted.
Q: I am putting it to you that letter was not submitted to the 1st Respondent?
A: that fact will be confirmed or denied by the agent who will be in the box subsequently
Q: So you are telling this court that you don’t have personal knowledge as to whether the letter was submitted to the 1st Respondent or not?
A: My lord I indicated that I had a report, a feedback that it has been submitted and since I wasn’t present there, I can’t say it as something to that
Q: Now let us go to your letter, it is in two parts. Would you be kind enough to tell the court the person who signed this letter?
A: My lord, it was signed by my deputy on my behalf.
Q: What is the name of that person?
A: Peter Boamah Otorkunor
Q: now you will agree with me that the portion marks C talks about tells about parliamentary election and therefore has nothing to do with the petition in this court?
A: Yes my lord
Q; You also agree with me that despite all that you written about Ashanti, Ashanti was signed by a gentleman called Brodza Gyanfi, you know him?
Q: yes I am further putting it to you that Ashanti region was certified Mr Rojo Nunoo?
A: My lord the agent who will come subsequently will be able to confirm that.
Q: Do you know whether your agent signed or not?
A: My lord the document that come to our notice is the final declaration. The signing on the regional declarations at the strong room are brought to us
Q: I am putting it to you that Ashanti, the form was signed by Brodza Gyanfi and when it was transmitted to the strong room as you call it, Rojo Mettle Nunoo signed it.
A: My lord I can’t testify or deny it because what is in the strong room is within the knowledge of the people who are in the strong room
Q: now you have attached to your letter two sheets from the Eastern region, is that correct?
A: that is correct my lord
Q: on the first sheet, your agent signed the form, is that correct?
A: Yes my lord
Q: Now if you puts together all the valid votes assigned to each of the candidates that you candidate signed the total will be 1,196,751 and not 1, 236, 940?
A: My lords are have released that the totals there. I have done the additions and I have realised that the totals on both sheets are the same figures but the figures that add up to the totals are different. And the on marked in blue in blue is actually accurate.
Q: if you calculate the votes assigned from number one to 12 on the form that your agent signed, the total 1196, 751 and not the 1,246,940 that is written on it.
A: My lord I can confirm that the totals are not the aggregates of the numbers there but I don’t remember the actual figure that I got, if the court will permit me we can add and find out what it is but all our phones have been taken. My lord I have a 1, 196, 751.
Q: kindly deduct that figure from the figure written on the form 1, 246, 940. What would you arrive at?
A: 40, 189.
Q: Good. Now look at the last page of your exhibits ‘e’ which is the sheet that you attached to your evidence. There is a constituency there called Ayenusu Ano, do you 40,189 there?
- Yes my lord:
Q: I’m suggesting to you that the second sheet that your agent did not sign was corrected to include the Ayensusoano constituency result?
A: Well I cannot testify to that because if there is any correction to be made on any declaration those who are part of the declaration must be present for the corrections to be made.
Q: But you are also aware that person whom you have appointed to represent you leaves and refused to be part of the process those who are there signed onto the form and the process continuous?
A: Yes
Q: now I am putting it to you that when the Ayensuano results were added to all the candidates got the additional votes and that makes the extra gains valid votes 1, 236, 940. I am putting it to you?
A: my lord
Q: I’m further putting you that the eastern region sheet are not problem for which you ought to have written to the 1st respondent?
A: I decline that
Q; I am further putting it to you that the three remaining regions that you agents did not sign, the petitioner won those regions?
A: my lord if the figure are in contention we are unable to determine who won.
Q: now those regions are Western North, North and Greater Accra. I am putting it to you that your candidate won at those regions when the collation was done. That is the petitioner?
A: My lord, I repeat that if the figures are in contention, it is difficult to determine who won.
Q: Now are you, therefore, saying that with respect to greater Accra the petitioner won the election?
A: My lord you claim my agent did not sign, which mean that it is part of our case that the figures are in contention and in presidential elections regions are won. There is one presidential election and one returning of officer who declares the election at the national level. No other declaration of the presidential election takes place anywhere else.
Q: Well, I’m putting it to you that for the record Western North, was won by the petitioner, although the Western North form not signed by your representative it was certified by M Rojo Mettle Nunoo in the Strong Room?
A: My lord, the agent in the Strong room will mount the witness box and they will be able to testify whether they signed or didn’t not sign.
Q: Do you still stand by your petition in this court by all averments in it?
A: Yes my lord.
Q: Now, let look at paragraph 12 of you petition. Sorry the petition of the petitioner. Kindly read paragraph 12 to the court. Paragraph 12 of the amended petition, so my lords?
A: Reading: “If the total number of valid votes standing to the names of each of the presidential candidates is sum up, this will yield to the total number of valid votes cast of 13, 121, 111, a figure that is completely missing from the purported declaration by Mrs Jean Adukwe Mensa on 9th December 2020 and the purported ratification 10th December 2020.”
Q: Now, I’m putting it to you that the figure in paragraph 12 of the petitioner’s petition shows clearly that number mentioned by the 1st Respondent was an error, which you have admitted in your petition?
A: can I hear the question again
Q: I’m putting it to you that as at the time you filed this petition you knew that the figure 13, 121, 111 was the correct total valid votes that ought to have been announced on the 9th December 2020, as you have said in your petition?
A: My lord, these are figures we computed from the 1st Respondent own data that was supplied. These are not our figures.
Q: At the point that the declaration was going to be done, you have stated that your agents –Dr Kpese Whyte and Mr Rojo Mettle Nunoo- left the strong room. Is that correct?
A: That is correct
Q: I’m putting it to you that you agent left the strong room because they realised the petitioner had lost the election?
A: My lord, I can’t attest or denied in the personal knowledge of the agents. One of the agent will be mounting the box.
Q: I’m putting it to you that your agents left the strong room because they didn’t want sign the form 13?
A: I can’t attest to that
Q: I’m putting it to you the total valid votes as at the 9th December 2020, captured on ‘Form 13’ is just the same as the total valid votes in paragraph 12 of the petition?
A: My lord, we don’t know which is the total valid votes as we stand here because the 1st respondent churn out several different figures, so our case is that Ghana does know the result of the presidential election. Because the1st Respondent who has the constitutional mandate to conduct the elections and report exact figures has failed in that duty, so we are confronted with several figures. So it depends on what you want to believe,
Q: Are you saying that you do not believe wrote in your petition?
A: I think my lord we stated that we picked these figures respondent’s own calculations not ours we haven’t supplied
Q: And I’m putting it to you if your representatives hadn’t left the strong room, they would have seen that those figures 13, 121, 111 was the total valid votes on the ‘form 13’?
A: My lord, I can’t respond on behalf of the agents, I have indicated one of them will be in the witness box to testify.
Q: I’m further putting it to you, eight out of the 12 presidential candidates’ agents stayed back and signed on the ‘Form 13’?
A: My lord, I have indicated that the processes within that National Collation centre are not within my personal knowledge so I can’t admits or deny.
Q: At the time the petitioner filed the petition, he knew the result of the Techiman South Constituency, not so?
A: My lord, I’m not the petitioner.
Q: Now, let me refer you to ‘exhibit e’ look at under Bono East, do you see the valid votes that the petitioner now obtained?
A: As per the computation of 1st Respondent, yes. Because these are not our figures, there are figures from the 1st Respondent.
Q: You will also agree with me that the petitioner never obtained all 128, 000 registered voters’ votes in the Techima South constituency as you purported to show in your evidence?
Tsakita: My lords, there is no where in his evidence that he purported to say that the petitioner got all registered voters’ voters in Techiman South. And I think this is just to, kind of misled the witness.
Justine: My lords, I’m with the greatest respect misleading the witness. My lord as at the dates, witness signed his witness statement as at the 27th January 2021, he in paragraph 12, sought to make analogy with the Techiman South Total number registered voters and that is why I’m asking him genuine question based on his own documents he has brought to the court.
Tsikata: My lords, my objection is very simple, he made specific statement that the petition said that all votes in Techiman South were won by the petitioner. This talk about analogy and so on, let him points to where.
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