*UPDATE OF THE PROCEEDINGS AT THE WENCHI HIGH COURT IN THE FAMOUS TECHIMAN SOUTH 2020 PARLIAMENTARY ELECTION PETITION*- *9TH MAY, 2022.*
*PARTIES:*
*1. Petitioner:* Christopher Beyere Baasongti was personally in Court.
*2.1st Respondent:* Richard Asamoah, NPP Techiman South Constituency Secretary.
*3. 2nd Respondent:* Sampson Ofori Gyamfi, Municipal Electoral Officer.
*LEGAL REPRESENTATIONS:*
*1. Justin Pwavra Teriwajah Esq*, for the Petitioner.
*2. Garry Nimako Marfo Esq,* for the 1st Respondent.
*3. Emmanuel Addai Esq,* for the 2nd Respondent.
*BUSINESS OF THE DAY:*
At the last adjourned date on the 14th April,2022, the Petitioner's Counsel, Justin Pwavra Teriwajah Esq initiated his cross-examination of the *PW5*(Petitioner's 5th Witness), Mr. Gabriel Dei Yeboah, the Bono East Regional Electoral Officer. He did that extensively but could not finish with his cross-examination.
*CROSS EXAMINATION;*
Before the Cross-examination, the Presiding Judge, Justice FWK Nawurah warned sternly journalists who usually publish the full details or the entire Court proceedings on air/radio to desist from that practices, else could amount to contempt of the Court.
*The Cross Examination commences;*
1. How long have you been an employee of the Electoral Commission (EC)?
*Ans:* My Lord, since 1995 (27 years now).
2. That means, you have been involved in so many Elections as an employee of the EC?
*Ans:* Yes, my Lord.
3. What was your rank when you started working with the EC?
*Ans:* My Lord, as an Electoral Officer.
4. And I would be right, if I should say that, you rose through the ranks to become the District Electoral Officer before you became the Regional Electoral Officer. Not so?
*Lawyer Garry Nimako Marfo objected to this question!*
He said, 'The witness to my understanding was subpoened by this Court to give answers to specific questions, ie. His knowledge about collation of results at the Constituency Collation Centre. My Lord, the witness has not filed a witness statement.
My Lord, we are not to make a general enquiry about the witness. The questions ought to relate to matters in contention.
*Lawyer Justin Pwavra Teriwajah's response to the Objection!*
The witness is under Cross-Examination , and he is making him to respond to some details before questions would be asked.
He continued, 'A narrow understanding that a *subpoena duces tecum* requires a witness to produce documents on court and to answer only questions relating to such documents and nothing more is an untenable position.
Any understanding that a *subpoena duces tecum* has limited application is a narrow understanding.
*RULING BY COURT:*
The judge ruled that, the issue has already been determined by Court at the last adjourned date, and therefore Counsel Teriwajah is at liberty to ask all manner of questions.
The Court therefore, overruled Lawyer Garry Nimako's objection, and asked Lawyer Teriwajah to stick to relevance.
5. Therefore, I would be right to say, you have had opportunity to directly supervise Returning Officers in the collation of results. Not so?
*Ans:* My Lord, yes, when I was the District Electoral Officer.
6. From your experience, what has been the shortest period in which collation has been done under your supervision?
*Ans:* My Lord, I cannot remember off-head. During our time, we were using manual process (calculators). So, it used to take hours depending on so many factors, ie. Number of polling stations, the environment, cooperation of polling agents.
But, my Lord these days, there are computers all over.
7. And what has been your experience within these days of computer?
*Ans:* At the Regional Collation Centre, some District Officers were able to finish their collation in the night of 7th December, and some took days , and I believe those were able to finish fast were aided by the collation team.
8. So, in a Constituency with about 267 polling stations, what time period will be required to do the collation all things being equal?
*Ans:* My Lord, this is a very difficult question for me, because, as I said, if you are using a calculator, it is more difficult than someone using a computer.
9. That Regulation 43 of C.I 127 requires that the figures will be assembled one after the other and entered on the *Form One C*.
*Ans:* My Lord, yes. Collation is a process and keying in are all part of the process.
10. You will agree with me that, the process involves the filling in of Form One C and One D, as far as the Parliamentary Election is concerned. Not so?
*Ans:* My Lord, we use Polling Station results which is *8A* to fill in One C, and they are all part of the process.
11. From your answer, you mean that, the figures in Form 8A relating to each polling stations are supposed to be transferred to the collation form *One C*, polling station by polling station. Not so?
*Ans:* Yes, my Lord.
12. And from your answer, even with the use of computers to assist the process, this cannot be done in less than 30 minutes in a Constituency with 267 Polling Stations.
*Ans:* My Lord, what I mean is that, keying in the figures on Form One C will take much longer time.
13. Therefore, if it is not about a mere summation, but about entering of Form One C, it will take more than 30 minutes. Not so?
*Ans:* My Lord, it will depend on (1) the one who is doing the entries (2) the environment.
The time or period, I cannot give specifics.
14. You will agree with me that, in this particular case, you start to intervene for about 10 polling stations results were outstanding.
*Ans:* Yes, my Lord, I intervened because there were 10 polling stations outstanding.
15. And your advice/instruction was that, in respect of 10 Polling Stations that the Returning Officer had not yet received by then, he could rely on the results in possession of the agents of the party. Not so?
*Ans:* My Lord, Yes. I think my Officer said he could not find those pinksheets/ they were missing.
16. Since the Returning Officer had to resolve issues with 10 Polling Stations in the process of filling Form One C and doing the collation, he could not have completed this process in under 30 minutes. Not so?
*Ans:* My Lord, if you are filling the Form One C, it takes more than 30 minutes. It can even take hours.
17. You have sighted the letter written by Lawyer Victor K. Adawudu to your office to complain about the lack of collation. Not so?
*Ans:* My Lord, there were about 2 or 3 letters in respect of this issue.
*Counsel Justin Pwavra Teriwajah tendered in a document named Exhibit S Series to the witness for confirmation, whether or not he had sighted it before?*
*Ans:* Yes my Lord, I have sighted it before.
18. You will agree with me that, you didn't reply to this letter. Not so?
*Ans:* My Lord, I had replied to one of the 3 letters, but not sure the one I had specifically replied to.
19. You did not find out from the R.O what really went wrong at the Collation Centre?
*Ans:* My Lord, I have said it here, I enquired from the Municipal Electoral Officer and he told me they had finished with the Election.
I asked further when he had given copies to the parties. Then, he said he had served the NPP. But when he called the NDC to come for theirs, they refused.
20. Did he explain why he had to call them to come for it rather than serving them as required by law?
*Ans:* No, my Lord.
21. Calling them to come for it seems an anomaly to you. Not so?
*Ans:* My Lord, we were unaware the situation we all went through. Some of us had to run for our lives. So definitely, you have to call somebody.
I had to call the agents to come and sign and get their copies. So to me, the word 'call' is not anomaly to me.
22. You were part of the officers of the EC who were whisked away by the Security Officers when the chaos started. Not so?
*Ans:* Yes my Lord.
23. And before you were whisked away, did the R.O or the Municipal Director of the EC ask you for a copy of Form One C or One D?
*Ans:* My Lord, early on, when the Officer reported he could not get the 10 polling stations pinksheets, he also told me that they were some documents he could not find, ie. ID and IB.
24. That request was made to you before the chaos started. Not so?
*Ans:* Yes my Lord.
25. And do you know if the store Officer supplied the R.O/ Municipal Electoral Officer with those documents?
*Ans:* Yes my Lord, she even called earlier to confirm that she called for assistance.
26. Did she confirm to you that she called for assistance?
*Ans:* Yes my Lord, she said she contacted other districts for assistance.
27. And did he get it for them?
*Ans:* My Lord, she was able to get other districts for them.
28. And she was able to get it for them before the chaos started?
*Ans:* My Lord, she didn't tell me exactly when she got it for them.
29. Therefore I put it to you that, you were not able to personally furnish the R.O with the requested forms on 8/12/2020. Not so?
*Ans:* My Lord, as the Regional Director, I don't personally share election materials, because there's somebody in charge who does it.
30. You will agree with me that, at the Constituency Collation Centre, the District/Municipal Director of the EC is a supervisor over there. Not so?
*Ans:* Yes my Lord.
31. As a supervisor, is it allowed for the District/ Municipal Director to do the collation by assembling the figures and entering them in the records?
*Ans:* My Lord, as a supervisor, he is a part of the team who does the collation. But, at the end of the day, it is the R.O who signs with the party agents.
32. You will agree with me that, under the *Regulation 43 of C.I 127,* the responsibility of collation of results is that of the R.O. Not so?
*Ans:* My Lord, I agree with you. But the R.O does not do it all alone. In addition to him are his two deputies, collation officers called key trainers (computer experts). So, it's a team.
33. You also agree with me that, under Regulation 43 of C.I 127, the candidates/agents are supposed to be given their copies of Form One C and One D before the results are declared. Not so?
*Ans:* My Lord, for One C, yes! Because, without it you cannot do declaration.
34. And from your experience, the candidates and their agents are given their copies of Form One C and One D before declaration is made. Not so?
*Ans:* My Lord, in 1990, we were not using CI 127. We were using different manuals and laws. And it was the manual they used to train us/ Things have changed.
35. When did you receive Form One B from the Techiman Municipal Elections Director?
*Ans:* My Lord, 8/12/2020 in the evening, after the confusion.
36. And that was when you receive *Form 9 and 10.* Not so?
*Ans:* Form 9 and 10 came later.
37. You will agree with me that, if the results are not collated as per your direction, polling station by polling station in Form One C, then any declaration made by the R.O would be improper or unlawful.
*Ans:* *My Lord, it's impractical to get the results, if you have not done the collation.*
Counsel for the Petitioner, Justin Pwavra Teriwajah Esq ended his cross-examination of the PW5, the Bono East Regional Electoral Officer, Mr. Gabriel Dei Yeboah at exactly 11:35am.
Court at this juncture adjourned to reappear on the 26th May, 2022 for the Cross-examination of the *Returning Officer for the Techiman South Constituency, Nana Dwamena Frempah.*
After this date, Court resumes for continuation on *20th to 24th June, 2022.*
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