The Supreme Court will later this morning give its ruling on the joint application by the Electoral Commission (EC) and President Akufo-Addo not to present witnesses in the ongoing election petition hearing which was initiated by the National Democratic Congress flagbearer, John Mahama.
The two respondents on Tuesday made the application to the apex court arguing among other reasons that the petitioner had not sufficiently discharged on his obligation to prove the issues raised for determination.
The ruling will follow three hours of legal arguments on Tuesday between lawyers for the respondents, Justin Amenuvor and Akoto Ampaw, and the petitioner’s lawyer Tsatsu Tsikata.
The respondent’s lawyers had invited the court to deliver judgment based on the strength of the evidence presented by the petitioner.
Their two witnesses, the EC Chairperson, Jean Mensa and the New Patriotic Party Campaign Manager, Peter Mac Manu had filed witness statements at the onset of the petition.
Mr. Mahama’s legal team has argued that the EC Chairperson, in particular, ought to take the stand because her testimony is pivotal to the issues set out to be determined in the petition.
But the EC’s lawyers maintain that the witness need not be considered as evidence and thus does not necessitate a cross-examination.
President of the court, Chief Justice Anin-Yeboah had adjourned the ruling on the application to today.
The court is expected to sit at 9.30 this morning to deliver the much-anticipated ruling in the petition.
Mr. Mahama’s argument is that neither he nor President Akufo-Addo attained a clear majority during the 2020 polls because of the omission of the Techiman South constituency from the declaration.
He is asking the Supreme Court to order a re-run of the presidential election for him and the incumbent.
What is in the witness statements?
Mrs. Mensa, in her statement, maintained that President Akufo-Addo was the legitimate winner of the 2020 elections.
She asserted that the commission did not pad President Akufo-Addo’s votes as alleged by Mr. Mahama.
Mrs. Mensa also insisted that President Akufo-Addo obtained more than the 50% of the valid votes cast, which is required to win the election.
She said it was also clear that whatever results were outstanding at the time could not affect President Akufo-Addo’s victory.
Mr. Mac Manu, in his statement, also said the petition is based on mere conjecture.
He feels the foundation of these arguments are “insignificant inaccuracies and slips in the declaration of the results of the election, rather than the validity of the election and the actual results thereof.”
He also said the election petition is “a ruse and a face-saving gimmick” by Mr. Mahama following his election loss.