The Supreme Court (SC) on Thursday unanimously ruled that they cannot compel the Chairperson of the Electoral Commission, Jean Mensa, and Peter Mac Manu, the witness for 2nd Respondent, Nana Addo Dankwa Akufo-Addo to mount the witness box.
Lawyer for the Electoral Commission (EC), Justin Amenuvor on Monday, February 8 told the SC that it will not put its witness, Jean Mensa in the witness box.
This was after the petitioner told the court it has closed its case.
“Given the evidence of the petitioner’s witnesses under cross-examination so far, of those witnesses, speaking for the 1st respondent, it is the 1st respondent’s case that we do not wish to lead any further evidence and therefore we are praying that this matter proceeds under Order 36 Rule 43 and CI 87 rule 3 (e) 5, we hereby and on that basis close our case,” lawyer Amenuvor stated.
Lead counsel for the second respondent, Akoto Ampaw also indicated that he will not put his witness Peter Mac Manu in the witness box and that the burden of proof lies on the petitioner.
But lead counsel for the petitioner, Tsatsu Tsikata, objected to the move by the lawyer for the 1st Respondent.
According to him, the EC boss has a constitutional duty to give accounts of what she has done in the conduct of her responsibility.
However, the Chief Justice Kwasi Anin-Yeboah reading out their decision said: “…simply put, we are not convinced and will not yield to the invitation being extended to us by counsel of the petitioner to order the respondents to enter the witness box to be cross-examined accordingly we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition”.
Read the full ruling below
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