Kwaku Azar sends message to Respondents

Professor Stephen Kwaku Asare

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 or not.

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“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.”