The Supreme Court will later this morning rule on whether or not to allow the chairperson of the Electoral Commission, Jean Mensa to be cross-examined in the ongoing election petition case.
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 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.
EC’s case
Counsel for the EC, Mr Justin Amenuvor, argued that the rules of court specifically Order 38 (4)(4) of the High Court (Civil Procedure) Rules, C.I. 47 allowed the EC, which is the first respondent in the petition, not to adduce evidence.
He argued that the decision not to testify is at the behest of parties, and that the court has no business on whether or not a party will call witnesses to adduce evidence.
Tsatsu’s submission
The lead Counsel for the Petitioner, Tsatsu Tsikata in his argument maintained that in the situation before the lordship, what the clear interest of justice requires is for the Lordships not to allow the evasion by the Chairperson from cross-examination.
He said the EC Chair has a constitutional duty to give accounts of what she has done in the conduct of her responsibility and deserves to be in the witness box especially as she had filed a witness statement and also made certain assertions in her affidavits which presupposes that she was “offering herself to be cross-examined.”
According to him, the statement by the EC binds her to be cross-examined saying the interest of justice will be best served by hearing the evidence that the first respondent wishes to submit in this case.
There were exhaustive legal arguments also by Tsatsu Tsikata against the bench after the Judges’ intervention suggesting that once the witness statement has not been sworn in, it cannot be evidence.
The court thus adjourned the petition to today, February 11, 2021, for a ruling. The court is expected to sit at 9.30 this morning to deliver the much-anticipated ruling in the petition.
Source: Ghana/ Kasapafmonline.com/102.5 Fm
