Lawyer for the 2nd respondent in the 2020 election petition hearing Akoto Ampaw has told the Supreme Court that the petitioner cannot compel them to elect a witness to appear in the witness box.
During legal arguments on Tuesday, February 9 on a move by the respondents not to testify in the case, Mr Akoto Ampaw told the Court: “The petitioner cannot compel us to enter the witness box to adduce evidence.”
He added: “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 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.
Lawyer for the 1st Respondent Justin Amenuvor told the Court that given the evidence of the petitioner’s witnesses, who were cross-examined in the case, they do not want to lead any further evidence.
“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.”
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