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.
“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.”