The apex court of the land, the Supreme Court has made their ruling concerning whether Chairperson of the Electoral Commission of Ghana, Jean Mensah can be compelled to testify as requested by Ex-President John Mahama’s lawyers.
The ruling dated 11th February, 2021 saw the Supreme Court in a unanimous decision upheld the application by the 1st and 2nd Respondents not to call any witnesses in the ongoing election petition hearing.
Citing Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87, the two counsels had argued that the burden of proof in the petition hearing lies on the petitioner and therefore it will be wrong for the lead counsel for Mr. John Mahama to induce evidence from the Chairperson of the EC, Jean Mensa.
Tsatsu Tsikata, the lead counsel disagreed with the arguments and stated that since the lawyers have not made a submission of no case, the burden of proof does not apply as argued by the lawyers for the EC and Akufo-Addo.
Lawyer Tsatsu also added that the EC Chairperson has a constitutional duty to give accounts of events that led to the December 9, 2020 election declarations and to clarify how some errors were made.
Chief Justice, Kwasi Anin -Yeboah gave the verdict that submitting a witness statement does not constitute evidence until the witness enters the box and takes the oath to indicate reliance on it.
After the verdict hearing has also been adjourned to February, 18 2021.