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Gabby Asare Otchere-Darko, a prominent member of the ruling New Patriotic Party (PNP), has ordered Tsatsu Tsikata to admit to having been cheated at the electoral petition hearing currently before the Supreme Court.
This follows a decision by the attorneys that the 1st and 2nd Defendants not call any witnesses to testify.
The attorneys for the Electoral Commission and President Akufo-Addo cited order 38, rule 3 (e), sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness .
EC lead attorney Justin Amenuvor, supporting his argument with Section 62 of the Evidence Act, told the superior court that his client cannot be compelled to testify against his will.
In addition, President Akufo-Addo’s chief counsel, Akoto Ampaw, argued that the burden of proof rests with the petitioner and not the defendants.
When you say that the person declared the winner did not win the election, it is up to you to show the court why. You do…
Posted by Gabby Asare Otchere-Darko on Tuesday Feb 9, 2021
But Tsatsu Tsikata, the petitioner’s lead attorney, John Mahama, passionately opposed the submissions.
In his two-hour presentation, Mr. Tsikata explained that Jean Mensa, the EC Chair, had previously indicated during the request for some interrogations to take place that she would undergo a cross-examination.
He argued that this was the basis on which the court made the decision to dismiss Mr. Mahama’s application.
Once again, Tsikata told the high court that the EC president also has a constitutional duty to give an account of the events that led to the election declarations of December 9, 2020 and clarify how some mistakes were made.
Since then, the arguments of the parties have received support and counter-support on social media.
While many supported Mr. Tsikata’s claim that EC President Jean Mensa should set up the witness stand, others were of the opinion that witnesses cannot be compelled to testify.
By joining the debate on social media, Mr. Gabby Otchere Darko urged the petitioner’s attorney to admit that the attorneys for the EC and Akufo-Addo misled him.
According to him, you cannot plead and “expect the defendants to present your case for you if they choose to mount the witness stand.”
“When you say that the person declared the winner did not win the election, it is up to you to show the court why.
“Calling witnesses is an option that a party may choose not to exercise if in fact that party does not see it as necessary,” he wrote in a Facebook post.
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