Private legal Practitioner Lawyer Maurice Ampaw has said under no circumstance can the petitioner of the ongoing election petition compel the first respondent to testify before the court.
He said the Chairperson of the Electoral Commission (EC), Jean Mensa, who is the first respondent can only testify at her own will without being forced by the petitioner.
Maurice Ampaw, however, sited a biblical example with how Jesus Christ refused to answer questions at the palace of the Roman governor, Pontius Pilate.
“This is not the first time a respondent can decide not to answer questions. You can remain silent even at the edge of death. Jesus Christ did the same. In front of Pontius Pilate when asked if he is the Messiah, he remained silent,” he said in an interview with NEAT FM’s morning show ‘Ghana Montie’.
Counsel to the first respondent told the Apex Court Monday, February 8, 2021, that Mrs Jean Mensa, who is also the Chairperson of the EC, will not give any evidence.
Mr Justin Amenuvor explained that the first respondent has decided not to adduce any evidence and therefore the court should decide the petition filed by former President John Dramani Mahama on its merit.
He premised his argument on Order 36 (4) sub-rule 3 of the High Court (Civil Procedure Rule), C. I 47, which he argued allowed the respondent to decide not to adduce any evidence.
“The case of the first respondent is that we do not wish to adduce any evidence. Our case is closed,” he argued.
But the first respondent decision is being challenged by the petitioner who forcefully wants the first respondent in the witness box to testify.