The Supreme Court is expected to today decide on whether the witnesses for the First and Second Respondents would be cross-examined in the ongoing election petition hearing.
The EC Chairperson, Jean Mensa, and the New Patriotic Party Campaign Manager, Peter Mac Manu had filed witness statements at the onset of the petition.
The lawyers for the two respondents on Tuesday made the application to the court arguing among other reasons not to call forth any witnesses to give evidence in court.
The EC’s counsel, Justin Amenuvor, argued on Section 62 of the Evidence Act and said the court cannot compel his client to testify against her will.
The counsel for the President also 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.
He insisted that the statement by the EC Chairperson, Jean Mensa through various affidavits available binds her to be cross-examined.
Mr. Tsikata also argued that the EC Chairperson, in particular, ought to take the stand because her testimony is pivotal to the issues set out to be determined in the petition.
But the EC’s lawyers maintain that the witness need not be considered as evidence and thus does not necessitate a cross-examination.
Chief Justice Anin-Yeboah adjourned the ruling on the application to today.
The court is expected to sit at 9:30 this morning to deliver the much-anticipated ruling in the petition.
Former President John Dramani Mahama is currently at the Supreme court challenging the verdict of the 2020 elections which declared Nana Akufo-Addo as President.
The Electoral Commission (EC) declared President Nana Addo Dankwa Akufo-Addo of the New Patriotic Party (NPP) the winner of the 2020 polls, however, Mr Mahama disagrees with the figures put out by the Chair of the Commission.
John Mahama, the National Democratic Congress (NDC) Presidential Candidate is therefore seeking a rerun of the election because he believes no candidate won the polls.
The court is expected to hear the case and give a ruling within a period of 42 days.
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