A founder member of the governing New Patriotic Party (NPP), Dr Nyaho Nyaho-Tamakloe says there could be a possible uprising in Ghana if citizens lose faith in the country’s judicial system.
Commenting on the decision by the Electoral Commissioner to evade cross-examination in the ongoing election petition at the Supreme Court yesterday in Accra Dr Nyaho-Tamakloe called on the Supreme Court not to only base their decision on law but also the mood of the country.
The NPP’s stalwart who looked worried in his voice said, “If we are not careful, the people of this country will lose faith in the Judicial system and it’s serious. I’m not a judge and I have never been a student of the law but common sense should tell you that you should judge the mood of the people.
“Afari Gyan with all his challenges went into the witness box and testified. What is happening in this country at the moment is frightening. We know what we’ve gone through and it’s like as a nation we’ve forgotten where we’re coming from.”
The outspoken politician did not understand why the EC’s boss should oppose t her earlier decision to be cross examined by the lawyers of the petitioner.
Speaking to Today in an interview he said, the only way tMrs Jean Adukwei Mensa “ can clear the doubts in the minds of many Ghanaians is to allow herself to be cross examined.”
Dr Nyaho-Tamakloe noted that it would be for her own interest if she mounts the witness box to defend the declaration she made on December 9,2020.
Meanwhile the lead counsel for the petitioner yesterday told the apex court that the decision by lawyers of the first Respondent in the case to refrain from presenting their witness, to testify was an affront to justice.
According lawyer Tsatu Tsikata the Chairperson of the Electoral Commission (EC),Jean Adukwei Mensa in her witness statement and supporting affidavits in response to the petitioner to the apex court showed readiness for cross-examination.
He therefore contended that the objection for the EC’s boss to mount the witness box for cross-examination “is not only an affront to justice but is not in accordance with the rules of the court.”
“By filing its witness statement, the first respondent has clearly crossed the bridge as far as opening up the witness for cross-examining is concerned,” he told the court.
But the counsels for the two respondents cited Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness.
Both counsels told the highest court of the land that they had expected the petitioner to be happy with their decision since it works in his favour.
For instance,the lead counsel for the EC, Justin Amenuvor, supporting his argument with Section 62 of the Evidence Act, held the view that the court could not compel his client to testify against her will, while lead counsel for the President, Akoto Ampaw maintained that the burden of proof lies with the petitioner and not the respondents.
Meanwhile, the apex court will, on February 11, 2021, decide on the fate of the EC’s Chair, and whether or not she should mount the witness box.
Story: Atta KWAKU BOADI