Lawyers of the Petitioner in the ongoing election petition at the Supreme Court have written to the Chief Justice requesting for an opportunity to make further argument on their application to re-open case following a last-minute question by Justice Marful-Sau during the Monday hearing.
The question of the Justice suggested that an earlier ruling of the court had noted that the EC chair cannot be compelled to testify.
The Petitioner and his lawyers want to argue on the question before the ruling is delivered today.
The apex court panel of seven Chaired by Justice Kwasi Anin Yeboah adjourned the case after hearing the parties argue the case in open court.
Lead Counsel for the Petitioner, Mr Tsatsu Tsikata while moving the motion for the apex court argued that they were surprised by the circumstances leading to 1st Respondent witness Jean Mensa not to give evidence.
Relying on Section 26 of the Evidence Act and per the affidavits opposing to the interrogatories by the Petitioner, the EC made it clear that, the Petitioner will not be prejudiced and the motion could be subjected to cross-examination.
According to him, the person they intend to call is Mrs Jean Mensa, the Chairperson of the Commission and not the EC, the 1st Respondent in this case.
When asked by Justice Gertrude Torkornor, to clarify to the court whose capacity the witness will be coming to Court, Mr Tsikata said, she will testify as an adverse witness for the Petitioner as per what the Common Law prescribed.
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