[ 2021-02-12 ]

Respondents’ case was insipid and wishy-washy
Spokesperson for the petitioner, Marietta Brew
Oppong-Appiah has stated that the respondents in
the ongoing 2020 election petition have so far
failed to meet expectations in terms of arguing
their case in court.

According to Madam Marietta, the respondents’
case during the last hearing was “insipid and
wishy-washy.”

Her comment follows the dismissal of an
application filed by the petitioner for the EC
Chair to mount the witness box for
cross-examination.

The Supreme Court on Thursday, in a unanimous
decision upheld the application by the 1st and 2nd
Respondents not to call any witnesses in the
ongoing election petition hearing.

The Court explained that the depositions in
affidavits with regards to the interrogatories do
not mean the witness can be compelled.

The Court added that no provision in the
constitution or statute has been pointed out to
show the EC chairperson can be subjected to
different rules contrary to established rules of
procedure and settled practice.

Speaking at a press brief after Thursday’s
hearing, however, the former Attorney-General
indicated that although the ruling did not go in
the petitioner’s favour, they had presented
“superior arguments” in court.

She added that the petitioner and his legal team
will proceed to subpoena the Electoral Commission
Chair to compel her to mount the witness box and
testify.

“On Monday you heard the superior compelling
arguments by Mr Tsikata and of course you heard
the wishy-washy insipid arguments by the
respondents,” she said.

She further explained that “the petitioner’s
point was that under the specific rule, Order 36,
they had elected to adduce evidence in court and
therefore, it was no longer open to them to tell
the court that they were not going to give
evidence.

“Nevertheless, the court has ruled in favor of
the respondents saying that they do not agree with
us that even though the EC is a constitutional
body. The same principles that are applicable to
ordinary people should be applicable to the
Electoral Commission and therefore, they were
upholding the (respondents) request not to mount
the witness box,” she added.

Meanwhile the Court has ordered all parties to
file their closing addresses by February 17,
2021.

Source - Joyfm

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