Supreme Court sets Thursday to decide whether Jean Mensa, Mac Manu should be cross-examined

The Supreme Court has adjourned its ruling on the argument by counsel for the petitioner that witnesses of the 1st and 2nd respondents be compelled by the court to take the witness stand in the ongoing election petition hearing.

This follows a decision by the counsels for the 1st and 2nd Respondents not to call forth any witnesses to adduce evidence in court in the matter before the apex court.

Yesterday, the counsels for the two respondents cited Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness.

Going into details today, both counsels told the apex court that they had expected the petitioner to be happy with their decision since it works in his favour.

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 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.

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 insists that the statement by the EC Chairperson, Jean Mensa through various affidavits available binds 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 Thursday, February 11, 2021 to give its verdict.

Source:Fiilafmonline/JoyNews