The Supreme Court on Friday struck out portions of Johnson Asiedu Nketiah’s witness statement in the ongoing election 2020 petition trial.
The paragraphs were taken out of the statement by the apex court when the lead counsel for the second respondent in the case (President Nana Addo Dankwa Akufo-Addo), Akoto Ampaw, raised 10 objections.
Mr. Ampaw argued that 10 paragraphs in Asiedu Nketiah’s statement should be taken out because they are “not based on the pleadings of the petitioner, unduly scandalous and prejudicial”.
The 10 paragraphs, according to the second respondent were six, seven, 21, twenty-five (25), twenty-six (26), twenty-eight (28), thirty (30), thirty-two (32), thirty-three (33) and thirty-seven (37).
However, the lead counsel for the petitioner, Mr. Tsatsu Tsikata opposed the objections raised.
Mr. Tsikata, in his objection, insisted that every paragraph in Asiedu Nketia’s statement is “material” to their case.
Subsequently, the Supreme Court in ruling over the objection, struck out seven paragraphs out of the 10.
According to Asaase Radio, the seven-member Supreme Court panel presided over by Chief Justice Anin Yeboah ruled that paragraphs six (6), and seven (7) were expunged from the witness statement because the petitioner did not plead same in his petition.
Paragraph twenty-one (21), the court said, was pleaded in the pleadings of the petitioner hence must be maintained. Paragraph twenty-five (25), twenty-six (26) and twenty-eight (28), according to the court, had specific portions that the witness could not speak to and therefore those specifics were struck out. Paragraph thirty (30) was struck out by the court indicating that the petitioner did not have same in his pleadings. With paragraphs thirty-two (32) and thirty-three (33), the court noted that same were in the pleadings and were therefore maintained. The last paragraph, thirty-seven (37), was also struck out because it had not been pleaded by the petitioner.
The case will be recalled 1 February 2021.
Source: Daily Mail GH
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