I did not personally speak with EC boss, Kpessah Whyte admits

The second witness for the petitioner in the 2020 presidential election petition, Dr Michael Kpessah Whyte has told the Supreme Court he did not personally speak with the Electoral Commission’s Chairperson, Jean Mensa, on the need for them as party agents to confer with their principal, John Dramani Mahama.

The disclosure, made in open court Tuesday, February 2, 2021 centered on what the witness had described as bad faith shown by the 1^st Respondent during the national collation processes.

Dr Kpessah Whyte and Rojo Mettle Nunoo were the two political party agents who represented then candidate Mahama in the national collation centre, at the just ended 2020 presidential elections.

The witness, who is a Public Policy lecturer at the University of Ghana, was being cross-examined by the lead counsel for the 1st Respondent (EC chairperson), Justin Amenuvor, where he revealed that he never spoke to the EC chair personally, but Rojo did.

Bent on discrediting the witness; the main motive for cross-examination in legal proceedings, lawyer Justin Amenuvor sought to have the witness admit that he did not personally speak with the EC chairperson and as such his client could not have instructed him.

Read the exchanges between counsel and the witness

Counsel (Lawyer Justin Amenuvor) – You see, on that day [December 9, 2020] you never spoke with the chair of the EC. Did you? Yourself you never spoke with her.

Witness (Dr Kpessah Whyte) – My Lords, we were there working as a team.

Counsel – Please answer the question. I am saying you?

Witness – I as an individual?

Counsel – Yes. You didn’t speak with her.

Witness – I did not speak to the EC chairperson personally.

Counsel – Thank you.

Corroborating the evidence the witness had given, to the effect that he did not have a personal encounter with the chairperson of the 1^st Respondent, a member on the Bench asked the same question and the Witness gave the same answer.

Below is what took place between the Bench and the Witness

Bench – I have one more question for you. I want to be clear in my mind. You’ve said in evidence that you never spoke to the chairperson of the first respondent. You said it.

Dr Whyte – I did say I never spoke to her in person. But, I do know that my colleague spoke to her on our behalf.

Bench – So, how did she instruct you? The person never spoke to you. You have admitted on oath.

Dr Whyte – My Lord, I am surprised at this question. My reason being that…(Bench interjects)

Bench – Why are you surprised? My question emanates from your evidence. So, I am asking how was the instruction issued? Is it not a fair question?

Dr Whyte – It is a fair question.

Bench – So, why are you surprised?

Dr Whyte – The instruction was issued through my colleague, Rojo Mettle Nunoo and on the basis of that we had to comply. Thank you, my lord.

During the cross-examination, it was observed and the Witness’ attention was duly drawn to the use of ‘asked’ and instructed.’

At some point, and in fact in his Witness statement, Dr Kpessah Whyte states that the chairperson of the 1st Respondent “asked” him and Rojo Mettle Nunoo, the two agents who were in the EC’s strong room, to relay information to their candidate, John Mahama.

However, while in the Witness box, Dr Whyte stated that they were instructed by the chairperson of the 1st Respondent.

His attention was drawn to the fact that those two words have different meanings; a clarification he accepted, but maintained he would use both words interchangeably.

Taking his turn to also grill the witness, the lead counsel for the 2nd Respondent, Akoto Ampaw put it to the Witness that the chairperson of the 1^st Respondent had no power to instruct them, and that they chose to do what they did on their own volition.

This is what happened

Counsel (Lawyer Akoto Ampaw) – Now, Dr Kpessah Whyte, I’m putting it to you that you know that the chair of the EC has no power to instruct either you or Mettle Nunoo?

Witness (Dr Kpessah Whyte) – My Lords, I know that.

Counsel – So, I’m furthermore putting it to you that if you left the strong room you did so on your own volition and based on your own judgement

Witness – My Lords, that’s not correct.

The post I did not personally speak with EC boss, Kpessah Whyte admits appeared first on The Chronicle Online.

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