A leading member of the governing New Patriotic Party (NPP), Gabby Asare Otchere-Darko has urged lead counsel for the petitioner in the ongoing Election Petition, Mr. Tsatsu Tsikata to admit he has been outsmarted by the lawyers of the Electoral Commission (EC) and President Nana Akufo-Addo.
Otchere-Darko made the call on the back of counter-arguments made at the Supreme Court over the refusal of the Chairperson of the Electoral Commission to mount the witness box in the Election Petition hearing.
“You do not allege and expect the respondents to make your case for you if they opt not to mount the witness box. Calling of witnesses is an option which a party can choose not to exercise if indeed that party sees it as not necessary.”
“Tsatsu should simply admit that he’s been outsmarted! It’s left with populist submissions for the ears of party activists,” he said.
Mr. Gabby made the comment on his social media handle on Tuesday after the case was adjourned to Thursday, February 11, 2021, for ruling by the Supreme Court.
The lead Counsel for the Electoral Commission, Justine Amenuvor on Monday, February 8, 2021, officially indicated to the apex court that Mrs. Jean Mensa, would not take the witness box for cross-examination.
He insisted that the evidence put forth by the petitioner, John Dramani Mahama, does not meet the burden of proof thereby making it unnecessary to field a witness for a counter case.
Mr. Amenovor relied on Order 36 sub-rule 4 and Order 38 to make the application.
By that application, Mr. Amenovor suggested that other parties can treat the witness statement by the EC Chair as a “hearsay”.
Likewise, lead counsel for President Nana Akufo-Addo, Akoto Ampaw also announced that the New Patriotic Party’s 2020 Campaign Manager, Peter Mac-Manu would not be taking the witness box for cross-examination.
Mr. Ampaw argued that the petitioner has not been able to make a solid case in court hence the decision to close their case.
He further insisted that the petitioner “should rather be happy since his petition would be ruled on by his own evidence.”
But Mr. Tsikata disagreed. He accused Mrs. Mensa of evading cross-examination.
He has further argued for the application to be denied.
Meanwhile, the Supreme Court has adjourned hearing to Thursday, February 11, 2021, to rule on the said application.