Justin Amenuvor, the lawyer for the Electoral Commission (EC) in the 2020 election petition trial has moved for the closure of the case.
Addressing the court after the cross-examination of Rojo Mettle-Nunoo, John Dramani Mahama’s third witness in the trial, Amenuvor said the commission does not wish to lead any further evidence in the case.
“Given the evidence of the petitioner’s witnesses under cross-examination so far, of those witnesses, speaking for the 1st respondent, it is the 1st respondent’s case that we do not wish to lead any further evidence and therefore we are praying that this matter proceeds under Order 36 Rule 43 and CI 87 rule 3 (e) 5, we hereby and on that basis close our case.”
Lead Counsel for the petitioner, Tsatsu Tsikata, however, objected to the move by the lawyer for the 1st Respondent.
The team, who have been looking forward to cross-examining witnesses from the respondents, would not let this slip through their fingers.
“It is our respectful submission that counsel for the first respondent does not have it open to him to take the cause that he just proposed to this court. In this proceedings, the respondents have put in a witness statement.
“My Lords, let me remind the respondent that in this proceedings, at the point of Case Management Conference (CMC) with regards to witnesses being called, the respondent put forward a witness. It is at the point of CMC that such an election is notified to the court. At that point, they elected to submit a witness statement.
“In effect, this witness cannot run away from cross-examination when they have elected a witness,” Mr Tsikata reminded the respondents.
But the seven-member panel were of the view that the respondents are at liberty to do so as it is backed by law.
The hearing has been adjourned to Tuesday, February 8 ” for legal argument,” the Chief Justice said