A Justice of the Supreme Court, Justice Yaw Apau had rebuked the second witness for the petitioner, Dr. Kpessa-Whyte for 'failing' on his duty as an agent of the National Democratic Congress (NDC) at the strong room of the Electoral Commission during the elections, to stay focused on his duty. The justice argued that a decision by the witness and his colleague agent, Mettle Nunoo to walk out of the strong room to consult with the petitioner at a critical moment where there was some suspicion of election irregularity, was not well-thought through.
Dr. Kpessa-Whyte had argued in the courtroom that he and his colleague [Mettle Nunoo] were instructed by the Chairperson for the Electoral Commission to leave the strong room and consult with the petitioner on matters they have expressed their grievances on.
But Justice Apau felt the reluctance by the two-party agents to challenge the instructions or suggestions by the EC Chair, demonstrates their failure to act in the capacity for which they were brought to execute. He questioned if the witness objects to that assertion.
"You already told this court that you were not sent to the strong room to take instructions from the Chairperson of the 1st Respondent. Is that correct?
"Your presence in the strong room was to see to the cause of the petitioner but not to take instructions from the commissioner. You were asked this question and you said yes...you were in the strong room for a purpose and she told you to go and consult with the petitioner on what?"
In response, Dr. Kpessa-Whyte noted that they did comply given the fact that they were not given the responses to their complaints as expected.
On that response, Justice Apau remarked that Dr. Kpessa-Whyte and his colleague acted in their own volution to see the petitioner and as such cannot blame the 1st Respondent for their own failures.
"Then, you see would it be right to say that by taking contrary instructions from the Chairperson of the 1st Respondent, granted what you are saying is true, you did not help the cause of the petitioner who sent you there?"
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