ELECTION 2020 PETITION: Mahama Closes Case, Respondents Elect Not To Call Witnesses
Former President John Dramani Mahama, Petitioner in the ongoing election 2020 petition at the Supreme Court of Ghana, has closed his case today the 8th of February 2021, after calling three witnesses in support of his petition he filed on the 30th of December 2020, essentially challenging the results of the 7th of December 2020 Presidential elections.
The Petitioner’s witnesses who testified before the seven-member Supreme Court panel presided over by Chief Justice Anin Yeboah, included Johnson Aseidu Nketia, the General Secretary of the National Democratic Congress (NDC), Michael Kpessa Whyte and Joseph Robert Mettle Nunoo, both of which represented the Petitioner at the National Collation Centre of the Electoral Commission (EC) during the elections of 7th December 2020.
First Respondent
It was expected that the first Respondent in the case (Electoral Commission) after the Petitioner closed his case, would call its witness, the Chairperson of the Electoral Commission, Jean Mensa for her witness statement to be adopted for cross-examination by lawyers of the Petitioner and the 2nd Respondent to commrnce. However, lawyer for the EC, Justin Amenuvor, announced in Court that his client intends to come under Order 36, Rule 4(3) of CI 47, which states that; “Where the defendant elects not to adduce evidence, then, whether or not the defendant has in thecourse of cross-examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on behalf of the plaintiff has been given, close the plaintiff’s case and the defendant may then state the case of the defendant”, and will to this end not be calling any witnesses because the Petitioner in the view of the EC, has not put up any evidence that has be challenged or defended by the 1st Respondent (EC) in the case.
Second Respondent
Lawyer for the Second Respondent, Akoto Ampaw, when the Court enquired from him what the position of his client was, he indicated that they will also come under the same provision in C. I. 47, and will therefore not be calling theirwitness, Peter Mac Manu, any longer.
Decision of the Court
The seven member Supreme Court panel in light of the arguments, ruled that the Petition is adjourned to tomorrow, the 9th of February 2021, to allow the lawyers of the Petitioner and the two Respondents (EC and President Akufo-Addo) to make legal arguments regarding the decision of the Respondents not to call any witnesses, which effectively means, the Respondents also intend to close their case without any delay.
Next Court Sitting
At tomorrow’s sitting, all the parties in the case will make legal arguments in support of the decision (that is for the Respondents), and arguments against the decision (that is for the Petitioner). The Supreme Court will then be invited to give a reasoned ruling on same and subsequently give further directions on the way forward for the petition.
By Wilberforce Asare