Election petition: Tsatsu requests in-camera session for third witness

Counsel for the petitioner in the ongoing election petition hearing has requested for an in-camera session for a third potential witness.

Tsatsu Tsikata wants a closed door meeting for the third witness who will testify on behalf of the petitioner John Dramani Mahama.

The identity of the witness is not known.

But Mr Tsikata has already informed the respondents (Electoral Commission and President Akufo-Addo) legal team of this development.

“There is a matter in respect of a health situation that is affecting a potential witness which we have indicated to my learned friends on the other side.

“We would like to have considered by your Lordships in camera if it is possible because of the confidentiality concerns and we will be able to provide some details to your Lordships accordingly if that is possible,” Mr Tsikata told the court.

The Chief Justice then asked if the witness statement had been filed in respect to the third witness they wish to call to the stand.

To which, he said no.

Mr Tsikata explained that the issue at stake is partly a reason the petitioner’s team have not been able to file the said witness statement on behalf of the witness.

He assured the court that he will do so should the court grant his request for an in-camera session.

The justices rose to decide on the matter. On return, it announced that the case has been adjourned to February 5, 2021.

Mr Tsikata’s request comes shortly after the apex court in a unanimous decision dismissed an application to inspect the documents of the Electoral Commission.

These are documents relied upon by the commission to announce the results of the presidential elections across polling stations, constituency, regional and national collation centres.

The seven-member panel in its ruling said that the applicant has not denied having copies of the said documents being requested for.

It added that both witnesses who had testified on behalf of the petitioner had confirmed that they indeed have in their possession the documents the team is requesting for.

So far two witnesses from the petitioner’s side (Johnson Asiedu Nketia and Dr Michael Kpessa-Whyte) have testified and have been discharged by the court.

The Electoral Commission’s Chairperson Jean Mensa will also testify, followed by President Akufo-Addo representative Peter Mac Manu.