Oscar Asante Nnuro , a legal practitioner has stated that Electoral Commission chairperson must mount the witness box to be crosss examined even though she cannot be compelled to do so.
Speaking to Nana Yaa Asante on the Asaase Breakfast Show on Thursday, the private legal practitioner said mounting the witness box will be in the interest of
“Iam of the view that their Lordships will consider the computing interests of the parties and come out with a decision that will be in the overall good for the nation,” he said.
Nnuro added “For me personally, this is not to suggest that that is where the pendulum will swing, fine I think that the law is there but if the chairperson of the Electoral Commission is made to mount the witness box it will be of general benefit to the general populace of Ghanaians.”
He believes the chairperson holds the key to clearing doubts and perception about the entire outcome of the 2020 election if she is made to be cross examined.
“Because For me I think if she has nothing to lose or gain, she should mount the witness box, for me she has been given a task to perform and the Ghanaian taxpayer’s money is what is used to maintain her office and in the conduct of her duty” the private legal practitioner said.
“For me to ally the fears and doubts and all the things people are saying about it, she should mount the witness box, cross examination is done and then issues are unraveled and cleared, we will all be fine.”
Court to determine crosss examination
The Supreme Court will today , Thursday 11 February 2021 determine whether or not the chairperson of the Electoral Commission, Jean Mensa, should be cross-examined in the Election 2020 petition hearing.
It will be recalled that on Monday, lawyer for the EC, Justin Amenuvor, served notice that he will not be calling any witnesses because the petitioner in the view of the EC, has not put up any evidence that has been challenged or defended by the 1st respondent (EC) in the case.
According to him, he based his decision on Order 36, Rule 4(3) of CI 47, which states that; “Where the defendant elects not to adduce evidence, then, whether or not the defendant has in the course of cross-examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on behalf of the plaintiff has been given, close the plaintiff’s case and the defendant may then state the case of the defendant”.
When the court reconstituted on Tuesday, counsel for the petitioner, Tsatsu Tsikata, in his address argued that Jean Mensa must be in the witness box at all cost because it is in the interest of justice.
According to him, the position taken by the first respondent is a clear case of evading cross-examination.
Fred Dzakpata
