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General news for Wednesday, February 10, 2021
Source: www.ghanaweb.com
2021-02-10
Gabby Asare Otchere-Darko, NPP Member
Gabby Asare Otchere-Darko, a prominent member of the PNP, lashed out at Tsatsu Tsikata, the petitioner’s lead attorney in the ongoing Election Petition in the Supreme Court, who must admit that the lawyers have misled him for the first and last time. Second respondents.
According to him, Tsatsu Tsikata does not expect the Defendants to present their case based on a mere allegation that the petitioner has presented to the Supreme Court and requires witnesses for the 1st and 2nd Defendants to testify.
He said that it is only an option for a party to call a witness to testify and be questioned before a court of competent jurisdiction if that party deems it necessary or vice versa.
“You do not allege and expect the defendants to present their case for you if they choose not to mount the witness stand. The subpoena of witnesses is an option that a party may choose not to exercise if in fact that party deems it unnecessary. “
“Tsatsu should just admit that he has been mocked! He was left with populist presentations for the ears of party activists, ”Gabby commented in a post on her social media account on Tuesday after the case was postponed to Thursday, February 11, 2021 for a ruling by the Supreme Court.
Attorneys for the 1st and 2nd Defendants told the Supreme Court on Monday, February 8, 2021, that they did not want to summon any witnesses to present evidence in court in the matter before the superior court.
The attorneys for the two defendants 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.
Both attorneys told the court that they hoped the petitioner would be satisfied with his decision, as it works in his favor.
Justin Amenuvor, lead counsel for the EC supported his argument with Section 62 of the Evidence Act, which states that the court cannot compel his client to testify against his will, while the president’s lead counsel, Akoto Ampaw, argued that the burden of proof falls on the petitioner and not on the defendants.
Tsatsu Tsikata, the petitioner’s lead counsel, objected, saying that since the attorneys have not presented any cases, the burden of proof does not apply as argued by counsel for the EC and Akufo-Addo.
She explained that the president of the EC had previously indicated during the request for some interrogations that she would undergo a cross-examination; basis on which the court decided to dismiss the petitioner’s request.
She insists that the statement of the president of the EC, Jean Mensa, through several available affidavits forces her to be questioned.
In concluding his communication, Tsatsu Tsikata further insisted that sub-rule 1 and 5 of rule 3 e) of Order 38 of CI 47 as amended by CI 87 did not apply to the current situation.
The 7-member panel of judges comprised of Chief Justice Anin-Yeboah; Judges Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor adjourned the session until Thursday, February 11, 2021 to render their verdict.
