Election petition: The burden of proof lies on you - Pro-NDC think tank, ASEPA, tells Mahama
- According to the think tank, the substance of evidence in the petitioner’s case is inadequate
- Mahama petitioned the Supreme Court to order a second round of the December 7, election.
- According to him, there was no winner
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A pro-National Democratic Congress (NDC) think tank slammed John Dramani Mahama for failing to adduce enough evidence to prove his case in the ongoing election petition trial.
The NDC flagbearer in the 2020 general elections petitioned the Supreme Court to order a second round of the December 7, election.
Source: Facebook
According to him, the votes obtained by NPP’s candidate, President Nana Akufo-Addo, and himself in the December 7, election as declared by the EC Chair were not enough for a candidate to be declared the winner.
The Executive Director of Alliance for Social Equity and Public Accountability (ASEPA), Mensah Thompson, however, believed the former president and his legal team failed woefully in proving their case in court.
“The inadequate substance of evidence in the petitioner’s case makes it easier for the Supreme Court judges to dismiss John Mahama’s case,” Thompson reportedly told Akoma FM.
He said the burden of proof lies on the former president to present substantive evidence “to shift the burden of proof to the respondents to come out and issue their witnesses to banter in court.”
In a post on Facebook sighted by YEN.com.gh, Thompson further questioned the decision by the former president not to add several discoveries which featured in a viral video that got everyone questioning the integrity of the elections based on analysis by a biostatistician.
“Fast forward a few weeks later, you went to Court, and then out of the 5 witnesses you chose to submit to the Court, none included the biostatistician who you contracted to work on the election results analysis,” he stated.
The Supreme Court on Thursday, February 18, 2021, dismissed the former president’s application for review after the court rejected his motion to reopen his case.
“The application fails and is hereby dismissed,” the Chief Justice, Justice Anin Yeboah stated in the ruling of the court.
Mahama wished to reopen his case to subpoena the chairperson of the Electoral Commission (EC), Jean Mensa, into the witness box for cross-examination.
But, the court dismissed that application.
The lawyers for the former president led by Tsatsu Tsikata disagreed with the court’s ruling and applied for a review.
After hours of arguments from counsel for both parties in the case and deliberations from the nine-member panel, the Chief Justice delivered the court’s ruling affirming its earlier decision that Jean Mensa cannot be forced to testify.
He said no provision in the constitution or statute shows that the EC boss can be subjected to different rules contrary to established rules of procedure and settled practice.
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Source: YEN.com.gh
