Election Petition: Video tapes of Otokunor, Sammy Gyamfi played in Supreme Court

Deputy General Secretary of the National Democratic Congress (NDC) Peter Otokunor Boamah and the National Communications Officer of the party, Sammy Gyamfi featured in the Supreme Court on Monday, February 1 in the ongoing hearing of the election petition.

This was after videotapes capturing the two gentlemen, as well as those of the Presidential Candidate of the NDC in last year’s elections John Dramani Mahama and General Secretary of the party, Johnson Asiedu Nketia, were played in the courtroom.

The tapes were played when Mr Asiedu Nketia was being cross-examined by the lawyer for the 2nd Respondent, Mr Akoto Ampaw.

Mr Ampaw had told the court that he wanted these tapes played in order to establish the lack of credibility of one of the witnesses of the petitioner, Mr Asiedu Nketia.

Lead counsel for the petitioners, Tsastu Tsikatu objected to Mr Ampaw’s move to play the tapes but the court overruled his objection and accordingly, the tapes were played.

The petitioner, Mr Mahama, in his petition is asking the apex court to compel the 1st Respondent, the Electoral Commission (EC) to rerun the elections because in his view, no candidate won the polls.

Reacting to the tapes, Mr Nketia who admitted that he was the one captured on the tape said “My Lords, I implied that I expected President Mahama to win the elections. Every evidence was pointing at president Mahama’s victory.

“In fact, My Lords, permit me, in all the 7 parliamentary and presidential elections that have been held in this country before this one the presidential candidate and the political party which wins and controls parliament ends up winning the presidency.”

Meanwhile, one of the lawyers for the 2nd Respondent Akufo-Addo, Mr Frank Davies, has been cautioned not to grant media interviews on the matters pending before the court as a participating lawyer.

The Chief Justice Kwasi Anin Yeboah, before the commencement of proceedings, called the lawyer out in open court and warned him to desist from such conduct.

According to the court, his conduct violates the rules of the court set out in Rule 38 of LI 2423.

Rule 38 of LI 2423 states that;

“A lawyer who is participating or has participated in the investigation or litigation of a matter that is still pending before a court shall not make an out of court statement or grant an interview to the media on the matter.”

Lawyer Frank Davies had granted an interview to the media after Friday’s sitting, this the Chief Justice says should not happen again.

The Chief Justice further urged non- participating lawyers and spokespersons for the various parties to the case to put away their wigs and gowns before granting media interviews.

In the early days of the sitting, the court warned former Deputy Attorney General and Member of Parliament for Bolgatanga East, Dominic Ayine, for talking in court.