Supreme Court judge Justice Gertrude Torkornoo has reminded Petitioner John Dramani Mahama’s lawyer Tsatsu Tsikata that nobody can force a party to testify in an election petition trial.
Her ladyship’s comment comes after Lawyer for the Electoral Commission (EC) Justin Amenuvor on Monday, February 8 moved to close his case in the ongoing election petition hearing after the cross-examination of the third witness of the petitioner, Rojo Mettle Nunoo.
Mr Amenuvor told the court that given the evidence of the petitioner’s witnesses who were crossed examined in the case, they do not want to lead any further evidence.
His sudden announcement was greeted with a fierce refusal from the petitioner’s legal team led by Tsatsu Tsikata.
.
Mr Tsikata agreed but still insisted that the witnesses must allow themselves to be cross-examined.
Justice Gertrude Torkornoo reminded Mr Tsikata that “nobody can compel a party to testify.”
Mr Tsikata reiterated that once the parties had put forward its intention to call witnesses during CMC, it cannot go back on its word.
The justices also pointed to the fact that should a party decide to call six witnesses and end up calling five witnesses, it is at liberty to do so.
As it stands now, Electoral Commission (First respondent) and President Nana Akufo-Addo (second respondent) have announced their intention not to call any witness.
The court will on February 9, 2021, hear the legal argument and decide if the two respondents must present their witnesses.
