The Supreme Court has today in a unanimous decision upheld the application by the 1st respondent Jean and 2nd respondent President Nana Akuffo Addo not to call Jean Mensa for cross-examination in the ongoing election petition hearing.
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.
However, the 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. They maintained that submitting a witness statement does not constitute evidence until the witness enters the box and takes the oath to indicate reliance on it.
Again on the depositions in affidavits with regards to interrogatories does not mean that the witness can be compelled to testify or be crossed examined.
Chief Justice Anin Yeboah who read the ruling in favor of the respondents noted that the burden of proof lies on the petitioner only and can be shifted when the evidence given is satisfactory.
The hearing has been adjourned to 18th February 2021.
Filed By : Agaatorne Douglas Asaah / awakenewsroom.com
