The Supreme Court has deferred its decision on the contention by counsel for the solicitor that observers of the first and second respondents be constrained by the court to take the testimony box in the continuous political race appeal hearing.
This follows a choice by the direction for the first and second Respondents not to call forward any observers to cite proof in court in the matter under the watchful eye of the summit court.
Recently, the guidance for the two respondents refered to Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as corrected by CI 87 as the reason for their choice to close their case and not call an observer.
Going into subtleties today, the two guidance told the peak court that they had anticipated that the solicitor should be content with their choice since it works in support of himself.
Lead counsel for the EC, Justin Amenuvor, supporting his contention with Section 62 of the Evidence Act, held the view that the court can’t force his customer to affirm without wanting to, while lead counsel for the President, Akoto Ampaw kept up that the weight of confirmation lies with the solicitor and not the respondents.
In any case, contesting these contentions, lead counsel for the solicitor, Tsatsu Tsikata said since the legal counselors have not made an accommodation of no case, the weight of evidence doesn’t make a difference as contended by the attorneys for the EC and Akufo-Addo.
Mr. Tsikata additionally clarified that the EC Chair had before shown during the application for certain interrogatories to be served that she planned to submit herself to questioning; the reason for which the court took the choice to excuse Mr. Mahama’s application.
He demands that the assertion by the EC Chairperson, Jean Mensa through different testimonies accessible ties her to be interviewed.
Once more, Mr. Tsikata told the pinnacle court that the EC Chair likewise has a protected obligation to give records of occasions that prompted the December 9, 2020 political race statements and to explain how a few blunders were made.
Finishing up his accommodation, Mr. Tsikata further demanded that Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as altered by CI 87 didn’t matter to the current circumstance.
The 7-part board of judges comprised of the Chief Justice, Anin-Yeboah; Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor suspended sitting to Thursday, February 11, 2021 to give its decision.
The NPP’s Peter Mac Manu and EC Chairperson Jean Mensa recorded their observer explanation on January 22, to affirm against 2020 NDC Presidential Candidate, John Dramani Mahama.
She starts her declaration by expressing that the data she’s putting across is from her own insight into occasions prompting the documenting of the request and different issue that have come after.
She expressed that the aftereffects of the 2020 decisions hung on December 7 were grouped as per Public Elections Regulations, 2020 (C.I 127).
She brings up that Nana Akufo-Addo acquired 6,730,413 of the substantial votes cast while John Mahama got 6,214,889.
She adds that the all out substantial votes remained at 13,121,111.
These figures she declares shows that Mr. Akufo-Addo got over half of the substantial votes.
She also contended that whatever votes stayed extraordinary at the hour of assertion couldn’t numerically change the over half of legitimate votes acquired by Mr. Akufo-Addo.
She conceded in her declaration that she incidentally reported 13,434,574 as the all out legitimate votes as opposed to expressing this figure as all out number of votes cast.
She demands that a straightforward arrangement of all votes acquired by every applicant as announced comes to 13,121,111. The structure announcing the outcomes, Mrs. Mensa says was endorsed by 8 specialists of the competitors who were available at the hour of the fruition of the structure.
Her accident, she demands didn’t influence the choking influences limit of half in addition to 1. The blunder she clarifies was promptly revised the following day by the EC through a proclamation.
On the Techiman South electorate results which were remarkable at the hour of announcement, Mrs. Mensa said its consideration or avoidance from the votes acquired by the competitors doesn’t change the result of the outcomes.
She closes her declaration by denying claims the Commission cushioned votes for Nana Akufo-Addo.
Peter Mac Manu’s declaration
The NPP’s Peter Mac Manu initiates his declaration by expressing that Nana Akufo-Addo has named him to affirm for his sake.
He sets off the declaration by saying the appeal is without merit and dependent on unwarranted and misinterpreted suppositions.
He clarifies that the request doesn’t reveal any assault on the legitimacy of the political race held all through the 38,622 surveying stations and 311 uncommon democratic focuses.
He depicted the claims of wrong accumulation of votes and vote cushioning as “void and on the whole include around 6,622 votes-this is a total plainly irrelevant to physically influence the result of a political race which second respondent crushed Petitioner by well more than 500,000 votes.
He additionally expressed that Mr. Mahama doesn’t reveal in the appeal the quantity of substantial votes he accepts he really acquired and what Mr. Mahama trusts Nana Akufo-Addo had the opportunity to justify a run off.
“The Petition is generally speculative and borne out of applicant’s unwarranted creative mind”, Mr. Manu adds.
The whole appeal he contends is commenced on the unimportant correctnesses and slips made by the EC Chairperson in her affirmation.
He demands further that the appeal is a ploy and face-saving trick conveyed by Mr. Mahama after the authority results pronounced by the EC and political race onlookers indicated he had lost the surveys notwithstanding guaranteeing triumph prior.
He finishes by bringing up that he has connected to his assertion recordings of NDC pioneers who had guaranteed John Mahama won the political race by over 51% of votes projects.
He added that the appeal anyway expresses that no competitor got over half of the votes including the applicant said to have won by over 51%, that is John Mahama.