Election Petition: EC Chair not mandated by law to mount witness box - SC rules

Delivering the judgment, Chief Justice Anin Yeboah submitted that the court has not been convinced by the argument from the lawyer of the petitioner and will be setting a bad precedent if it grants the wish of the petitioner.

"We are reminded to state that our jurisdiction invoked in this election petition is limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under article 67 clause 1. Simply put, We are not convinced and will not yield to the invitation being extended to us by the counsel for the petitioner to order the respondents to enter the witness box in order to be cross-examined.

"Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce testimonies in this petition", the Chief Justice said.

Lawyer of the petitioner, Tsatsu Tsikata had called on the EC Chairperson to testify in court on the announcement of President Akufo-Addo has the winner of the 2020 polls.

However, the first and second respondents, the Electoral Commission and President Nana Addo Dankwa Akufo-Addo respectively have opposed this call for Madam Jean Mensa to testify.

Lawyer for the Electoral Commission (EC) Justin Amenuvor on Monday, February 8 moved to close his case after the cross-examination of the third witness of the petitioner, Rojo Mettle Nunoo.

“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,” he told the Supreme Court.