By Kwabena Adu Koranteng
The Supreme Court of Ghana will today, Thursday, 11th February, 2020, decide whether or not Madam Jean Mensa and Peter Mac Manu will mount the witness box.
Lawyer Justine Amenuvor on Monday told the Supreme court that given the evidence of the petitioner’s witnesses under cross-examination they had no interest in leading any further evidence and therefore prayed that the case continued under the Order 36 Rule 43 and CI 87 rule 3 (e) 5, the argument of the 1st respondent was supported by the lawyers of the 2nd respondent who also argued that they were not ready to allow their witness mount the witness box
Lead counsel for the EC, Justin Amenuvor, supporting his argument with Section 62 of the Evidence Act, held the view that the court cannot compel his client to testify against her will, while lead counsel for the President, Akoto Ampaw maintained that the burden of proof lies with the petitioner and not the respondents.
But disputing these arguments, lead counsel for the petitioner, Tsatsu Tsikata said since the lawyers did not make a submission of no case, the burden of proof did not apply as argued by the lawyers for the EC and Akufo-Addo.
Mr. Tsikata also explained that the EC Chair had earlier indicated during the application for some interrogatories to be served that she was going to submit herself to cross-examination; the basis for which the court took the decision to dismiss Mr. Mahama’s application.
He insisted that the statement by the EC Chairperson, Jean Mensa through various affidavits available bound her to be cross-examined.
Again, Mr. Tsikata told the apex court that the EC Chair also has a constitutional duty to give accounts of events that led to the December 9, 2020 election declarations and to clarify how some errors were made.
Concluding his submission, Mr. Tsikata further insisted that Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 did not apply to the current situation.
The 7-member panel of judges made up of the Chief Justice, Anin-Yeboah; Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor adjourned sitting to today Thursday, February 11, 2021 to give its verdict.
