Lawyer for petitioner of the 2020 election petition has filed a reopening of the case as the court ruled in favor of the 1st and 2nd respondents.
The Supreme Court today passed the ruling, following an oral argument made by lawyers for both the Electoral Commission and President Akufo-Addo on Tuesday 9th February 2021 that their clients cannot be compelled to testify since they are not interested in adducing more evidence to back their position. They cited Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87, stating that the burden of proof lies on the petitioner.
Lead counsel for the petitioner, Tsatsu Tsikata argued that since the lawyers did not file a ‘submission of no case’, the burden of proof does not apply as argued by the lawyers for the EC and the second respondent, President Nana Akuffo Addo.
But the Supreme Court today sided with the respondents in their ruling.
However, the man (Tsatsu Tsiktata) who is referred to as the ‘Law’ due to his prowess in it and his dexterity of explaining the law to a layman’s understanding, strikes again with his plan B as he files for reopening of the case. This means that Mahama will have the chance to subpoena Jean Mensa to mount the witness box for cross-examination.
Filed : Agaatorne Douglas Asaah / awakenewsroom.com
