2020 ELECTION PETITION: Supreme Court Sets 11 February To Rule On Respondents Decision Not To Testify
The seven-member Supreme Court panel seized with the adjudication of the 2020 election petition, filed by the Petitioner (The Presidential candidate of the opposition National Democratic Congress, NDC, in the 7th of December 2020 general elections, John Dramani Mahama), has set Thursday the 11th of February 2021, as date to deliver a ruling on the decision of the Respondents (Electoral Commission, EC and President Akufo-Addo) not to call any witnesses.
Lawyers of the Respondents, Justin Amenuvor for the EC and Akoto Ampaw for President Akufo-Addo, when the Petitioner closed his case during the 12th Court sitting (on the 8th February 2021) since the case was filed, indicated to the Court that based on the evidence adduced by the Petitioner, his three witnesses and having regard for the five (5) issues set down by the Court, they do not see the need to present any evidence because the Petitioner in their opinion, has failed to make a compelling case to the Court.
The Supreme Court during the siting of the 8th of February 2021, adjourned siting to today, the 9th of February 2021, to afford the parties in the case, an opportunity to make legal arguments so the Court can deliver a reasoned ruling on the decision of the Respondents.
The Case of the Respondents
At today’s sitting, lawyers of the Respondents relied on Order 38, Rule 3E, Sub Rule 5 of Constitutional Instrument, C. I. 87 as amended and Order 36, Rule 4 (3) of Constitutional Instrument, C. I 47, and argued that it is their humble submission that the Court will not require any further evidence from them to determine the petition. They further indicated that they do so at their own risk and that, they will fall on their sword, should the Court determine the case in favour of the Petitioner.
Contention of the Petitioner
Lead lawyer for the Petitioner, Tsatsu Tsikata, in his one hour, fifty minutes (1hr, 50mins) argument on why the Court should not entertain the decision of the Respondents, noted that since the Respondents have already filed witness statements, they have per the provisions of Order 36, Rule 4 (3) of Constitutional Instrument, C. I 47, already elected to adduce evidence and that the Court Should compel the witnesses of the 1st Respondent, and Chairperson of the Electoral Commission Jean Mensa, and Peter Mac Manu, for the 2nd Respondent, to mount the box to be cross-examined by the Petitioner. He further argued that the attempt by the Respondents to close their case without calling their witnesses is an affront to Justice.
Ruling of the Court
After the arguments of the three (3) Parties in the matter, the Presiding Judge, Chief Justice, Anin Yeboah, after conferring with the other panel members, Justices Yaw Appaw, Samuel Marful-Sau, Nene Amegatcher, Professor Ashie Kotey, Mariama Owusu and Gertrude Torkonoo, ruled that they are adjourning sitting to Thursday, 11th of February 2021, for their ruling on same.
From: Wilberforce A. Asare