The Supreme Court has thrown out the request by the Electoral Commission (EC), the second respondent in the presidential election petition, which prayed the court to begin the trial so it could provide its affidavits later.
The EC, through a motion on notice filed by solicitors, Lynes Quashie-Idun and Co, pleaded the court to vary its April 2, 2013 order which directed respondents in the petition to file their written affidavits within five days from the service of the petitioners’ affidavits on them.
The EC was requesting the court to allow it and other respondents to file their evidence in the form of written affidavits after the petitioners have closed their case in the trial, which is set to begin on April 16, 2013.
At the hearing, the Commission’s Attorney made reference to Constitutional Instrument 74 as well as Evidence Act 14 and 17 to back support the Second Respondent’s request that the Court starts the trial and grant the EC the leeway to provide evidence only after the Petitioners have gone through with their case.
The court however unanimously threw out the case on Wednesday April 10, 2013.
The Court also wondered why the Chairman of the EC, Dr Kwadwo Afari Gyan has not shown interest in appearing in Court since the case started.