Yesterday the counsel for the Electoral Commission prayed the supreme court to close the case because they won’t need any more witnesses to prove their case.
If the application is granted, Jean Mensa and Marc Manu will not mount the witness box today. But what does the law really say about such situation?
According to professor Kwaku Azar, who is a legal practitioner in Ghana, the standard for evaluating this kind of motion is whether the petitioner has failed to establish a prima facie case in support of the believe that they seek and therefore not require to prove every element of their case.
According to Article 64, the returning officer is not just a necessary and a material party but a more important. The returning officer is the only one who can provide with definitive evidence that at the end of the day, rebuts the petitioner’s claim.
The returning officer performs a public function and has the cost to answer questions from the petitioner for all parties and the entire country to remove all stains of doubts surrounding the 2020 election outcome.
This means that Jean Mensah is a necessary tool to clear any doubt about the election outcome.
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