A member of the legal team of the National Democratic Congress (NDC), Kojoga Adawudu, has averred that former President John Mahama has made a strong case in court by being able to satisfy the burden of proof.
He said even if the first Respondent, Jean Mensa,Chairperson of the Electoral Commission (EC), did not appear in the witness box to testify, the Petitioner still had a solid case before the apex court in the ongoing Election 2020 Presidential Petition hearing.
“Even if she doesn’t come into the witness box, we have made a compelling case and without the first Respondent, it does not mean our case has not been proved,” Mr Adawudu said.
But Nana Adobea Asante, a spokesperson for the legal team of President Nana Akufo-Addo, the second Respondent, maintained that the Petitioner had not been able to satisfy the burden of proof in the case.
“Based on the evidence adduced by the Petitioner, it further vindicated our position the petition does not disclose reasonable cause of action and that is why we elected not to adduce evidence.
“The petitioner’s evidence vindicated our positionthat he has not in any way satisfied the burden of proof,” Nana Asante stressed.
The Supreme Court on February 11ruled Jean Mensa, Chairperson of the Electoral Commission (EC) and Peter Mac Manu, Campaign Director of the New Patriotic Party (NPP) in last year’s elections, could not be compelled to mount the witness box to be cross-examined in the ongoing election petition hearing.
The decision was taken when it delivered its ruling on whether or not Mrs Mensa should mountthe witness box to be cross-examined.
During proceedings on February 9, lawyers for the first and second Respondents, Justin Amenuvor and Akoto Ampaw, respectively, told the Court the Petitioner could not compel them to elect witnesses to appear in the witness box.
Mr Tsikata filing for review of the Supreme Court ruling that Mrs Mensa could not be compelled to mount the witness box for cross-examination, applied for reopening of the case for subpoena addressed to Mrs Mensa to be issued.
Source: The Ghanaian Times
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