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Authenticity Is Our Hallmark

Today’s hearing, which was about cross-examination of Asiedu Nketia (General Mosquito) by Lawyer for Nana Akufo-Addo, Akoto Ampaw was quite momentous. Looking at what happened yesterday and the humour Asiedu Nketia’s cross-examination generated in the social media space, I didn’t expect anything different today.j

The National Science and Maths Quiz approach adopted by general Mosquito in using his calculator in court was indeed epic. Generally, Asiedu Nketia, as expected was evasive in his responses to the questions posed to him, a behaviour reminiscent of what we saw of him in the 2013 presidential election petition hearing. Indeed, he provides a great and quality sense of humour to the political space.

Lawyer Akoto Ampaw did well in rendering Asiedu Nketia, John Mahama and the entire NDC party not credible to submit such a petition before the court. Watching the video of what were said by key NDC leaders including John Mahama himself at press conferences declaring John Mahama winner and going to court to seek otherwise, indeed, raises very serious concerns about the credibility of the petition.

I was not surprised when Asiedu Nketia smartly indicated that he cannot defend John Mahama and others seen in the video. I would have done same to avoid any further ridicule to the ‘‘Incompetent One’’

Usually, non-legal practitioners are tempted to equate the potency of the argument of a lawyer with the flare, gust, puff and drama associated with it. Unlike Tsatsu Tsikata, Akoto Ampaw was obviously not interested in flowery language and encomiums. No dramatization contrary to the expectation of non-legal practitioners. However, the 4 deadly questions from Justice Yaw Apau and answers from Asiedu Nketia gave the much needed credence to the concluding remarks of Lawyer Akoto Ampaw in his cross examination.

*Justice Yaw Apau*: General, I know that when you purchase a pen drive it is empty and the data on any pen drive is generated by someone. So the pen drive that you attached to the hard copy and exhibited as Exhibit ‘‘F’’ who generated or placed the data on it? Because when you were asked, you said you don’t know what was on it. Who generated the data on the pen drive?

*Asiedu Nketia*: My Lord, as I said, honestly, I had not seen the pen drive and its content until today. The evidence is gathered by our election and legal directorate. They just gave to me to attach to my statement.

*Justice Yaw Apau*: In all figures that were shown to you as valid votes cast you were saying ‘’if the figures were correct’’, ‘‘if the figures were correct’’, and that there were inconsistencies in the figures. I want to ask you…. what were the total valid votes cast in the Presidential elections of the 7th December in your own calculations? The Chief Justice Anin Yeboah also added—you claim you had polling agents in all the 275 constituencies.

*Asiedu Nketia*: My Lords, I have not brought that figures to court

*Justice Yaw Apau*: From your own calculation, how much of the valid votes were cast in favour of the Petitioner (John Mahama) to your knowledge?

*Asiedu Nketia:* My Lord, I don’t have them here.

*Justice Yaw Apau*: What figures from your own calculations did the Second Responded (Nana Addo) get as the total valid votes cast in his favour?

*Asiedu Nketia*: My Lord, I don’t have the figures here.

The answers given by Asiedu Nketia to the 4 questions from Justice Yaw Apau provided more clarity to the conclusion of Lawyer Akoto Ampaw when he said ‘‘Mr Nketia, I put it to you that your petitioner’s petition shows no reasonable cause for action. I am putting it to you further that the petitioner is not entitled to any of the reliefs that he seeks. You have no case worthy of hearing before this court.’’

The most embarrassing moment of the day was Tsatsu Tsikata’s unsuccessful attempt to save General Mosquito from further embarrassment by interjecting that Asiedu Nketia did not exhibit the pen drive as evidence attached to his witness statement. You should have seen Tsatsu’s face when he was confronted with the truth.

It feels like Asiedu Nketia has rather destroyed Mahama’s case at the Supreme Court but that is for the Court to decide. Until then, let’s see what happens tomorrow.

James McKeown

Helsinki Finland

#SupremeCourtDiaries

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