Lawyers for the President, Nana Akufo-Addo, and the Electoral Commission (EC) have indicated that they will not present any witnesses in the case ongoing election petition case.
Following the conclusion of the cross-examination of the petitioner, John Mahan’s 3rd witness, Rojo Mettle Nunoo, the defense lawyers were to open their defense by announcing their witnesses.
They, however, unexpectedly announced that they will not call any witness.
Justine Amenuvor, representing the Electoral Commission (EC) in the case told the court that, “it is our case that we would not wish to lead any further evidence, and therefore we are praying that this matter proceeds under order 36 rule 43 and C.I. 87 rule 3 (5) and we hereby on that basis, close our case.”
Lead counsel for President Nana Akufo-Addo, Akoto Ampaw also made a similar request.
Akoto Ampaw argued that the petitioner has not been able to make a solid case in court hence such a decision.
This decision was fiercely resisted by Mahama’s lead counsel, Tsatsu Tsikata.
Mr. Tsikata was of the view that, among other things the respondents had given the indication during the case management stage that they were going to present a witness and that to an extent influence how the trial has gone so far hence they cannot now decide not to present any witness.
The defendants have already filed their witness statements but according to Justine Amenuvor, the law provides them the opportunity not to present a witness even though they may have filed a witness statement.
“My Lord, we are saying that we are not calling any further witness, if the court decides to treat our witness statement as hearsay evidence, well the court is entitled to it but we are not calling evidence,” he said.
Meanwhile, the Chief Justice, Kwasi Anin-Yeboah has adjourned the hearing to Tuesday, February 9, 2021, for the continuation of arguments.
He said the lawyers are to make their various cases heard in Tuesday’s sitting and a decision will subsequently be taken.