According to Dominic Ayine, the National Democratic Congress' Secretary, Johnson Asiedu Nketia, out of his will, opted to stand in for the party as a witness.
"...he is not here under compulsion. He voluntarily agreed as our General Secretary to testify because he's the chief administrator of the party. He coordinated with the help of the Chairman and the other principal officers. He coordinated the election so who better testify on our behalf aside the General Secretary and that is precisely what he was doing? "
Lawyer Dominic Akuritinga Ayine's assertion comes after Asiedu Nketia declined to answer to questions he [Asiedu Nketia] said will be best suited for the Petitioner, John Mahama to answer.
The NDC Secretary, while answering to some questions by the EC Lawyer, Justice Amenuvor, said he is not the petitioner and hence wouldn't be able to answer some questions in his capacity.
Speaking to the media after the hearing today, the MP for Bolgatanga East noted that the party's Secretary was right to have answered the way he did.
Mr. Ayine explained that Mr. Nketia was legally just, reiterating that it did not mean the witness was distancing himself from the Petitioner.
"Let me make it clear that in those instances where the witness said that he was not the Petitioner, they wanted the witness to give evidence with respect to the state of the mind of the Petitioner. I mean how do you expect a witness to be able to testify to those matters?
"And that is how come that he legitimately declined to do so.
"It is not because he is distancing himself from the Petitioner.
He added, "But if you insisted that he should speak the mind of the Petitioner, he should testify to matters within the knowledge of the Petitioner, he would decline and that was just as it should be. In law, the General Secretary was right in declining those questions."
The election petition hearing continues on Monday, February 1, 2021, after an adjournment by the 7-member panel presided by the Chief Justice, Kwasi Anin-Yeboah.
