The Supreme Court has in a unanimous decision upheld the application by the 1st and 2nd Respondents not to call any witnesses in the ongoing election petition hearing.
The decision by the apex court follows oral arguments made by the lawyers for the Electoral Commission and President Akufo-Addo that their clients cannot be compelled to testify.
Citing Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87, the two counsels had argued that the burden of proof in the petition hearing lies on the petitioner and therefore it will be wrong for the lead counsel for Mr. John Mahama to induce evidence from the Chairperson of the EC, Jean Mensa.
But disputing these arguments, lead counsel for the petitioner, Tsatsu Tsikata said since the lawyers have not made a submission of no case, the burden of proof does not apply as argued by the lawyers for the EC and Akufo-Addo.
He also explained that the EC Chairperson 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.
But siding with the respondents in its verdict, the Chief Justice, Kwasi Anin -Yeboah said submitting a witness statement does not constitute evidence until the witness enters the box and takes the oath to indicate reliance on it.
Again, the depositions in affidavits with regards to the interrogatories do not mean the witness can be compelled.
He explained that no provision in the constitution or statute has been pointed out to show the EC chairperson can be subjected to different rules contrary to established rules of procedure and settled practice.
Chief Justice Anin Yeboah also sided with the respondents that the burden of proof lies on the petitioner and can only be shifted when that condition has been satisfied.
He maintained that the court does not have the power to compel a party to give evidence.
The apex court has subsequently ordered the respondents to file their addresses for the closure of their case by February 17.
Hearing has also been adjourned to February, 18 2021.
Latest Stories
-
DAMC, Free Food Company, to distribute 10,000 packs of food to street kids
56 minutes -
Kwame Boafo Akuffo: Court ruling on re-collation flawed
1 hour -
Samuel Yaw Adusei: The strategist behind NDC’s electoral security in Ashanti region
1 hour -
I’m confident posterity will judge my performance well – Akufo-Addo
1 hour -
Syria’s minorities seek security as country charts new future
2 hours -
Prof. Nana Aba Appiah Amfo re-appointed as Vice-Chancellor of the University of Ghana
2 hours -
German police probe market attack security and warnings
2 hours -
Grief and anger in Magdeburg after Christmas market attack
2 hours -
Baltasar Coin becomes first Ghanaian meme coin to hit DEX Screener at $100K market cap
3 hours -
EC blames re-collation of disputed results on widespread lawlessness by party supporters
3 hours -
Top 20 Ghanaian songs released in 2024
4 hours -
Beating Messi’s Inter Miami to MLS Cup feels amazing – Joseph Paintsil
4 hours -
NDC administration will reverse all ‘last-minute’ gov’t employee promotions – Asiedu Nketiah
4 hours -
Kudus sights ‘authority and kingship’ for elephant stool celebration
4 hours -
We’ll embrace cutting-edge technologies to address emerging healthcare needs – Prof. Antwi-Kusi
5 hours