[ 2021-02-11 ]

We cannot compel Jean Mensa to give evidence
The Supreme Court has 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 decision by the apex court follows oral
arguments made by the lawyers for the Electoral
Commission and President Akufo-Addo that their
clients cannot be compelled to testify.

Citing Order 38, rule 3 (e) sub-rule 1 and 5 of CI
47 as amended by CI 87, the two counsels had
argued that the burden of proof in the petition
hearing lies on the petitioner and therefore it
will be wrong for the lead counsel for Mr. John
Mahama to induce evidence from the Chairperson of
the EC, Jean Mensa.

But disputing these arguments, lead counsel for
the petitioner, Tsatsu Tsikata said since the
lawyers have not made a submission of no case, the
burden of proof does not apply as argued by the
lawyers for the EC and Akufo-Addo.

He also explained that the EC Chairperson has a
constitutional duty to give accounts of events
that led to the December 9, 2020 election
declarations and to clarify how some errors were
made.

But siding with the respondents in its verdict,
the Chief Justice, Kwasi Anin -Yeboah said
submitting a witness statement does not constitute
evidence until the witness enters the box and
takes the oath to indicate reliance on it.

Again, the depositions in affidavits with regards
to the interrogatories do not mean the witness can
be compelled.



He explained 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.

Chief Justice Anin Yeboah also sided with the
respondents that the burden of proof lies on the
petitioner and can only be shifted when that
condition has been satisfied.

He maintained that the court does not have the
power to compel a party to give evidence.

The apex court has subsequently ordered the
respondents to file their addresses for the
closure of their case by February 17.

Hearing has also been adjourned to February, 18
2021.

Source - Joyfm

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