Tsikata and Tony Lithur Justice Atuguba has thrown out motion filed by counsel for lawyer for the National Democratic Congress (NDC) Tsatsu Tsikata and his co-respondents to cross-examine additional witnesses of the New Patriotic Party (NPP).The Judge said it would prolong the case.He said the court has enough evidence to make a firm decision and would not need extra information from the said witnesses to make a determination of the case.Tsatsu gave reasons for his motion to call the witnesses of the petitioners to testify to the “veracity” of their written affidavits.The witnesses are Member of Parliament for Tano North in the Brong Ahafo Region, Freda Prempeh. Kwabena Twum Nuamah, Eugene Sackey, (NPP candidate (Upper West Akim), Peter Wuni Baga, (NPP candidate for Nalerigu-Gambaga).Tsatsu's stated case with co-respondentsTsikata quoted portions of CI 74 which states that a person who has sworn an affidavit may be cross examined and re-examined as necessary.He said these are witnesses whose testimonies are before the Lordships. Making reference to the rules of court and Section 62 (2) of the Evidence Decree.(1) At the trial of an action, a witness can testify only if he is subject to the examination of all parties to the action, if they choose to attend and examine.(2) If a witness who has testified is not available to be examined by all the parties to the action who choose to attend and examine, and the unavailability of the witness has not been caused by any party who seeks to cross-examine the witness, the court may in its discretion exclude the entire testimony or any part of the testimony as fairness requires. ...
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