In a recent court ruling at the Tamale High Court of Justice, Lordship Justice Richard Marc Kogyapwah, a Justice of the Court of Appeal sitting as an additional High Court Judge, decisively granted the first defendant (Dr Kabiru Tia Mahama) permission to have the court subpoena five key witnesses involved in the NPP parliamentary primaries election dispute held on January 27, 2024.
The witnesses being subpoenaed are the plaintiff (Haija Lariba Abudu), Dr. Isaac Kofi Darko (a medical officer at the Janga Hospital), Nurudeen Fuseini (the regional chairman of the second defendant in the North East region), Sofia Mohammed, and Gafaru Wuni, all party members.
Two witness statements, admitted by the court as evidence, unequivocally accused the second defendant chairman for the North East Region of breaking agreed-upon guidelines, while Dr. Isaac Kofi Darko was alleged to have aided in the forgery death certificates of deceased delegates.
According to the first defendant’s counsel, Samson Lardy Anyenini (ESQ), said the five key witnesses are the masterminds behind election malpractice. They allegedly forged documents with the witness to make claims to the court.
The counsel argued that the plaintiff aided and granted accreditation to the relatives of deceased delegates whom she promised favours to vote in her favour in the election dispute.
“My Lord, the plaintiff knew about deceased delegate relations and absentee delegates whose relatives she aided to impersonate and voted in the NPP parliamentary primaries. So, we added her to our witness list because she knew and to prove to this court that the first defendant won the election on merit and based on the rules set by them. The chairman (Nurudeen Fuseini) of the second defendant also played a role in the process, just as others did. Dr. Kofi Darko aided in the forgery of the document for the plaintiff’s agents. Additionally, some agents of the plaintiff have threatened some of the witnesses,” Samson Lardy Anyenini (ESQ) argued further.
According to the 1st defendant’s counsel, the plaintiff’s exhibits presented and admitted by the court were challenged by the 1st defendant but were opposed and admitted as evidence in chief.
These exhibits, according to the first defendant, were procured recently and backdated to aid their claims in court. “The witnesses of the decease told us that they never applied for the said documents in court, until they were presented as exhibits in court,” counsel explained
The plaintiff’s counsel, Sylvester Isang (ESQ), argued that her client cannot testify for the first defendant in a case where she has sued the first, second, and third defendants. The counsel further argued that “A party in a case need not give evidence in person in court before reaching a conclusion of the matter.
A party can’t be compelled to testify in court if she is the one who filed the suit. My Lord, the first defendant, who is a member of the NPP has not approached the North East regional chairman, or Dr. Kofi Darko, to testify in his favour.
There have not been attempts, so why subpoena?” Counsel for the plaintiff, Sylvester Isang (ESQ), further urged the court to reject the subpoena to all parties. “My Lord, if the court grants the request, it must limit the time for the cross-examination of each witness that will be called.”
Ruling
On August 22, 2024, the Court, presided over by Justice Richard Kogyapwah, granted the first defendant’s counsel, Samson Lardy Anyenini (ESQ), the authority to subpoena five witnesses to appear in court on Tuesday, August 27th, 2024, for cross-examination.
These witnesses are to be questioned about their roles in the disputed election, as well as allegations of impersonation and forgery of some exhibits presented to the court. Key witnesses for the first defendant claimed they were unaware of these exhibits.
The presiding judge, Justice Richard Marc Kogyapwah, rejected the plaintiff’s counsel’s request and argument regarding the plaintiff’s physical appearance as a witness for the defendant, which is considered crucial to the case.
The judge emphasised that, for the sake of fairness, all allegations must be thoroughly examined by the court, despite the defendant providing ample witness evidence alleging the plaintiff’s involvement in malpractices.
The case was adjourned to August 28th, 2024, for a further hearing.
Source: www.kumasimail,com /Noah Hoenyefia/ Tamale
