The Supreme Court has ruled that it cannot force the Chairperson of the Electoral Commission to mount the witness box and testify in the ongoing 2020 presidential election petition hearing.
Chief Justice Kwasi Anim Yeboah read the ruling on Thursday, February 11, 2021.
Lead Counsel of the petitioner, former President John Mahama, lawyer Tsatsu Tsikata had demanded the apex court to compel Mrs Mensa to mount the witness box to be cross-examined.
However, the lawyers for both the EC (first respondent) and incumbent President Nana Akufo-Addo (second respondent), had after closing their case, signaled that they do not intend to call any witnesses to testify.
The Lawyers of the first and second respondents made it clear that they preferred the Supreme Court to rely on the evidence and cross examination of the petitioner’s witnesses to determine the matter.
It was their view that the petitioner bears the burden of proof and the burden of producing evidence.
But Mr Tsikata opposed the application, arguing vehemently that the respondents had already filed witness statements on behalf of their witnesses and thus cannot say they will not adduce evidence.
But the seven member panel of the court presided over by the Chief Justice, Kwasi Anin Yeboah and assisted by Justices Yaw Appau, Samuel Marful-Sau, Nene Amegatcher, Prof. Nii Ashie Kotey, Mariama Owusu and Gertrude Torkornoo in its ruling held that the court cannot compel the respondents to enter the witness box and adduce evidence.
According to the court, a defendant in a civil case has a right not to adduce evidence after the close of the case of the plaintiff and a court cannot compel a party to adduce evidence.
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