<<Print>>

The hearing of the motion by lead counsel for the National Democratic Congress (NDC), Tsatsu Tsikata, seeking to cross-examine some witnesses of the petitioners whose testimonies have come by affidavits in the ongoing presidential election petition has been adjourned to Thursday May 16, 2013. This is because President John Mahama and the Electoral Commission who are first and second respondents respectively in the case have also filed a similar motion, which hearing has been fixed for Thursday May 16, 2013. According to the court, it would be convenient to adjourn the third respondent�s (NDC) motion to Thursday to take all of them together, all to the same intent and purpose. At the court�s sitting Tuesday morning, the 16th day of hearing of the substantive matter, Mr Tsatsu Tsikata, Lead Counsel for the NDC had wanted the court to abridge time for the application of the other two respondents and have them all together taken this morning � Tuesday. But President of the court, Mr William Atuguba said the other two were filed on Monday May 13, 2013. Mr Tsikata pleaded with the court to hear their application whiles the other applicants advised themselves arguing that, �we are concerned that if the application is not heard and a witness has to be cross-examined who is not close by that may occasion a delay�. He said there was a witness from Savelugu in the Northern Region who they were seeking to cross examine and so some notice needs to be given for the witness to be made available. Counsel for the petitioners, Mr Philip Addison said they will abide the direction of the court. The court then delivered ruling and said since similar applications have been made by the other respondents and hearing has been fixed for May 16, 2013, �it is just and proper without any diminution to expedition to consolidate and take them all on May 16, 2013. Details of the motion are yet to be made known but it has been gathered that the respondents are seeking to cross-examine three witnesses of the petitioners. A member of the petitioners� legal team, Ms Gloria Akuffo has already indicated their intent to contest the motion because they were opposed to it. The Supreme Court before the hearing of the substantive mater directed that testimony shall be by affidavit in order to facilitate the trial. By that mode of trial, witnesses had, in writing, addressed all questions that they would ordinarily have answered had they been dragged into the witness box. Key witnesses, however, had been given special dispensation to appear in person to testify, which is why Dr Mahamudu Bawumia, the star witness for the petitioners, is in the witness box. Aside from that order, the court said whenever the necessary application was made to have witnesses who had sworn affidavits to appear in person, it would consider that. It is in the light of this that Mr Tsikata is bringing the motion to cross-examine some of the witnesses for the petitioners who have sworn affidavits. Meanwhile hearing of the substance matter is continuing. Mr Tsikata is continuing with the cross examination of Dr Mahamudu Bawumia on the sixteenth day of the hearing. It is the 9th day of Mr Tsikata�s cross examination.