A seven-member panel presided over by the Chief Justice Anin-Yeboah has dismissed the request by counsel for the petitioner Tsatsu Tsikata to allow the EC Chairperson to subject herself to cross-examination.
Justice Anin-Yeboah in his ruling said the court is not convinced of some of the concerns raised by Mr. Tsikata that the EC Chairperson unveiled herself to be cross-examined. Citing several cases to support his dismissal, of the request Justice Anin-Yeboah said a party to action need not give evidence herself.
He said they do not intend to extend their mandate beyond what is required of the court in such a petition brought under article 64(1) challenging the validity of the election of the president. Again they are not convinced and will not yield to the invitation extended to the court by the Counsel for the petitioner to order Jean Mensah to enter the witness box to be cross-examined.
The Court overruled the objection raised by counsel for the petitioner against the decision by the respondents declining to adduce evidence in the case. The Chief Justice, Anin-Yeboah read the ruling.
Meanwhile, a Former Attorney General Marietta Brew Appiah Oppong who is also a member of the legal team of the petitioner told the media after proceedings that they have nothing to say about the decision of the court but will file an application for review of the ruling.
A member of the legal team of the second respondent Kojo Oppong Nkrumah also quoted what the justices said that on several occasions the law is settled and cannot compel a party to adduce evidence. He explained why the case is challenged under article 64.
He said a case is won on the strength of the plaintiff’s case and not necessarily on the weakness of the defendant’s case. Mr. Oppong Nkrumah hinted that counsel for the second respondent might subpoena the petitioner if the counsel for the petitioner goes ahead to subpoena the EC Chairperson.
