Peter Mac Manu is ever ready to testify in the ongoing hearing of the presidential election petition if the Supreme Court decides that he should mount the witness box, a spokesperson of the lawyers of the 2nd respondent, Nana Adjoa Adobea Asante, has said.
Addressing the press after proceedings on Tuesday, February 9, she said: “If the court decides that we should mount the witness box our star witness is more than ready to do so.”
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Meanwhile, the Supreme Court has adjourned the hearing of the presidential election petition to Thursday, February 11 to give its ruling on whether or not the Chair of the Electoral Commission (EC), Mrs Jean Mensa and also the witness of the 2nd Respondent, Mr Mac Manu should appear in the witness box to be cross-examined.
During proceedings on Tuesday, February 9, the lawyer for the 2nd respondent, Akoto Ampaw, told the court that the petitioner cannot compel them to elect a witness to appear before court.
He said : “The petitioner has adduced evidence and closed his case. We have taken the position that in our assessment, they have not discharged the burden of proof and the burden of producing evidence and, therefore, we will not give further evidence and the court will determine the case on the evidence before it.
We are entitled not to adduce any evidence, we are entitled not to call any witness.”
Lawyers for the two respondents on Monday, February 8 moved to close their cases without their witnesses being cross-examined.
This was after counsel for the petitioner, Tsatsu Tsikata, closed his case.
Mr Tsikata, on his part, told the court that the chair of the 1st Respondent, Mrs Mensa cannot skip cross-examination.
Mr Tsatsu argued that by filing a witness statement, the 1st Respondent has opened her up for cross-examination.
It is our respectful submission that by filing its witness statement the first respondent has clearly crossed the bridge as far as opening the witness up for cross-examination is concerned. That bridge has been crossed, the ship has already been sailed,” Mr Tsikata said in his argument to the bench.
Asked by one of the justices, Professor Nii Ashie Quartey, whether or not Mrs Mensa cannot change her mind to testify, he said: “The court has the power to disallow that change of mind.”
After hearing the arguments from the lawyers, the Chief Justice adjourned the case to Thursday for a ruling on the matter.
Source: Knustnews.com