Election Petition: 'Suuliya' or evasion of cross-examination? - SC to rule today

The 2020 Presidential Election Petition will see the appearance of no further witness if the Supreme Court rules in favour of the 1st and 2nd Respondents submission of no case to answer.

That will mean the 1st Respondent and Chairperson of the Electoral Commission (EC), Jean Adukwei Mensa, together with Peter Mac Manu, the first witness for the Second Respondent, President Akufo-Addo won’t be seen in the witness box for cross-examination.

Lead counsel for the 1st Respondent, Lawyer Justin Amenuvor had told the Apex court that he didn’t wish to put their witness up for cross-examination.

He premised his argument on Order 36 (4) sub-rule 3 of the High Court (Civil Procedure Rule), C.I 47, which he argued allowed the respondent to decide not to adduce any evidence.

To him, the Petitioner has not made any substantive arguments to prove their case which will compel them to open their defence.

Lawyer Akoto-Ampaw also made a similar argument adding that the Petitioner has not satisfied the burden of proof substantially.

Lead Counsel for the petitioner, Tsatsu Tsikata raised a counter-argument saying once the First Respondent has filed a witness statement as "mandated by the court during case management", they consider that as evidence, thus the latter has to be cross-examined on what has been submitted.

The SC will give its ruling on the matter after written and oral legal submissions by all the parties today, Tuesday, 9th February.