The lead Counsel for the Petitioner in the ongoing election petition case has indicated his intentions to file an application to reopen its case in relation to the witnesses of the 1st and 2nd respondents to testify in the Election Petition case.
“We are applying to reopen our case and on that basis, we will be issuing a subpoena to have the EC chairperson to appear as witness, Lead Counsel for the Petitioner, Tsatsu Tsikata said on Thursday, February, 11, 2021.
The Supreme Court however said it cannot stop a party from reopening an application.
The court has thus ordered the parties to simultaneously present their closing address before February 17, 2021.
Sitting has been adjourned to February 18, 2021 to hear the written addresses.
Supreme Court ruling on Jean Mensa’s cross-examination
The Supreme Court on Thursday in a unanimous decision ruled that the Chairperson of the Electoral Commission, Jean Mensa and Peter Mac Manu, witness of the second respondent cannot be compelled to step into the witness box to testify in the election petition case.
The lead counsel for the Electoral Commission, Justine Amenuvor and that of President Akufo-Addo, Akoto Ampaw, had filed an application asking for permission not to call any witness.
The Presiding Judge Chief Justice Kwasi Anin-Yeboah who read the ruling said it would be unnecessary to put a witness for a counter case on the grounds of the Petitioner’s Counsel failing to meet the evidential burden.
The court held the defendant has a right not to adduce evidence after the petitioner has closed his case.
The apex court said that they were given a limited jurisdiction in the Election Petition case and that they do not intend to go beyond that jurisdiction.
This comes after the hearing of legal arguments on Tuesday in advancing the case whether or not to proceed with the cross-examination of the witnesses of the 1st and 2nd respondents.
Both the 1st and 2nd respondents made legal submissions on Tuesday in opposition to the Petitioner’s demand to have their witness cross-examined.
Meanwhile, their two witnesses, the EC Chairperson, Jean Mensa and the New Patriotic Party Campaign Manager, Peter Mac Manu have already filed witness statements at the onset of the petition.
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