Afari-Gyan opens case in election petition
According to Addison, pursuant to the directions of the court, all parties filed affidavits and that the affidavits filed on behalf of the second respondent (Electoral Commission), was sworn to by Mr Amadu Sulley, a deputy chairman of the EC.
He explained that Mr Amadu Sulley was present in court and no reason had been given why Dr Afari-Gyan was the one going to testify.
“Quite clearly he has not sworn to any affidavit and we do not know the ambit of what it is that he is coming to give in his evidence in chief”, Addison said.
He argued that the evidence of Mr Amadu Sulley amounts to evidence-in-chief and a different person was now going to continue with the evidence.
“So we would like some directions with this regard”.
But counsel for the Electoral Commission, Mr James Quashie-Idun who was to lead the witness in his evidence-in-chief said Dr Afari-Gyan was representing the Electoral Commission as a party.
He said it was not only Mr Amadu Sulley who had sworn to affidavits, but also Mr Kwadwo Sarfo Kantanka, another deputy at the Commission who also swore to affidavits.
“My Lords I would like to add that the affidavits sworn to by Mr Sulley and Sarfo Kantanka could be considered as affidavits of witnesses of the party but here is the party himself to give evidence.
But Mr Addison disagreed with him and said Mr Sarfo Kantanka only swore to affidavits in support of interlocutory applications in respect of their answer in their affidavit pursuant to an order of the court on April 2, 2013.
“If counsel is now saying that Mr Amadu Sulley is a witness for the second respondent, then we were wondering why he is sitting in court all this while and it disqualifies him as a witness then, because all along we presumed he is representing second respondent and it is in that capacity he has been sitting in this courtroom.”
The court through the president of the panel, Justice William Atuguba directed that Dr Kwadwo Afari-Gyan was representing the Electoral Commission as a party to the case and a returning officer to the general elections of Ghana.
“He can therefore pursuant to the directives for trial in this case given on 2nd April, 2013 give oral evidence on behalf of the second respondent”.
The witness swore by the Bible and opened his evidence in chief afterwards.
Story:
Writer’s email:
