Private Legal Practitioner, Lawyer Nana Agyei Baffour, says the Electoral Commission’s lawyer is not obliged to cross examine his witnesses including EC boss, Madam Jean Mensa, in court.
Lawyers for the Electoral Commission on Monday 8th February 2021 said their client, Jean Mensa, will not testify before the court.
This stance was revealed by the lead counsel for the EC, Mr. Justin Amenuvor during the hearing of the petition on Monday 8th February 2021.
He has since prayed the court to decide the petition filed by former President Mahama just on merit.
Lawyer Justin Amenuvor argued that there are provisions in the Constitution that makes it possible for his client the EC Boss not to adduce any evidence citing Order 36 (4) sub-rule 3 of the High Court (Civil Procedure Rule ), C. I 47.
Meanwhile, lead counsel for the petitioner, Lawyer Tsatsu Tsikata has argued that EC boss Madam Jean Mensa and other witnesses of the respondents will surely be cross-examined, a decision that is yet to be determined by the Supreme Court.
Speaking to the issue on Atinka FM’s AM Drive with host Kaakyire Ofori Ayim, Private Legal Practioner, Lawyer Nana Agyei Baffour, said the burden of proof lies on the petitioner and not the respondent.
According to him, the decision of the EC’s lawyers not to cross-examine their witnesses should be a plus to the petitioner if only they believe they have a case. “There is a statement in law that says You do not win your case based on the weakness of your opponent’s case, but you win your case based on the strength of your case. And so if a petitioner hasn’t proven his case, then your opponent can decide not to call his or her witness”, he added.
Ghana | Atinkaonline.com | Vivian Adu Boatemaa
