Prof Stephen Kwaku Asare, popularly called Kwaku Azar, has advised the Respondents in the ongoing Election Petition at the Supreme Court to move for a “directed verdict” if they feel the Petitioner has failed to meet the burden of production.
He explains in a post on his Facebook timeline that the standard for evaluating such a motion is whether the Petitioner has failed to establish a prima facie case in support of the reliefs that he seeks.
“The Respondents are entitled to move for a directed verdict if, in their view, the Petitioner has failed to meet its burden of production […] That is, the Petitioner is not required to overwhelmingly prove every element of its case. It is a low burden indeed and such applications are frequently denied,” Prof Asare wrote. “Furthermore, once such a motion is made, the Petitioner has the right to an opportunity to supplement its evidence so as to defeat the motion.”
He indicated that an Article 64 petition is “sui generis” [unique] adding that “the returning officer is not just a necessary and a material party but more important she is the only person who can provide definitive evidence that rebuts the Petitioner’s claims”.
Kwaku Azar further indicated that Jean Mensa, who is the Chairperson for the 1st Respondent and the Returning Officer for the December 7, 2020, presidential election performs a public function and has a responsibility to answer the Petitioner’s questions.
“Such answers are important to all parties and the country as a whole to remove any clouds surrounding the election outcome,” Azar stressed.
Source: Ghanaweb