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Election Petition: It’s The Job Of The NDC To Provide Proof To Court Not EC – Lawyer Tweneboa Kodua

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Private Legal Practitioner, Lawyer Tweneboa Kodua Has stated that the burden of proof lies on the shoulders of the National Democratic Congress (NDC) who are alleging of wrong figures from the Electoral Commission.

According to him, all political parties were furnished with copies of the form which has the total tally of the election results from across the country and argues, it is the responsibility of the NDC to produce their copy if they are contesting the outcome of the election.

Therefore, this situation puts the evidence act in the EC’s favour.

EVIDENCE ACT, 1975 (N.R.C.D. 323) SS 1(4) says; Where the Court determines that a party has not met the burden of producing evidence on a particular issue the Court shall, as a matter of law determine the issue against that party.

Speaking on Happy FM’s Epa Hoa Daben show, he explained that the party making the allegation is responsible for providing proof.

The NDC says the EC’s figures are wrong and yet, they have not presented a new one but they need to present that to prove it is contrary to what the EC declared. It seems the NDC came to court without the documents and want to claim the election data is wrong,” he was quoted by happyfm online.

“You say you have your own results and in accordance to CI 127, every party gets a copy of the final tally and results for the Presidential election and if you can’t bring your copy to prove your claim, then we, I mean the EC can’t do same. Just like Jesus said, give unto Caesar what is his and God His due”, he added.

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