Executive Director of the Alliance for Social Equity and Public Accountability (ASEPA) Mr. Mensah Thompson has urged the leadership of the National Democratic Congress(NDC) to provide the court with their collated results of the 2020 general election.
He says the NDC has a strong case and there must be an evidential document to prove their case in court.
Speaking on Okay FM’s ‘Ade Akye Abia’ program, he explained that the burden of proof lies with the accuser and that they can make a stronger case by providing those evidence in court.
It is a bit worrying to note that the NDC has gone to court and there’s not any known shred of evidence to present to convince the judges about their claim.
According to him the judges are not magicians to know the figures of the NDC and be able to understand what they are saying without any evidence.
“We all know that court is a matter of evidence,” he emphasized.
He added that “Though it might sound late, they still can provide their evidence in court to buttress their case”.
A nine-member panel of Supreme Court Judges has unanimously affirmed the seven-member panel decision that the Electoral Commission cannot be compelled to call its Chairperson, Jean Mensa to testify in the election petition.
The earlier panel comprising; Chief Justice Kwasi Anin Yeboah, Justices Appau, Marful-Sau, Nene Amegatcher, Prof. Kotey, Mariama Owusu, and Gertrude Torkonoo ruled that the EC boss filing a witness statement does not mean she has to testify.
The court also said the depositions in affidavits with regards to the interrogatories do not mean the witness can be compelled.
The Chief Justice who read the Judgement explained that no provision in the constitution or statute has been pointed out to show that the EC Chairperson can be subjected to different rules contrary to established rules of procedure and settled practice.
John Mahama’s lawyers filed for a review of this judgment saying the Apex Court committed errors of law in arriving at this conclusion.
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