Accra, Feb. 11, GNA – The Petitioner in the ongoing Election Petition trial has filed a motion on notice for leave to re-open his case to have Mrs. Jean A. Mensa, the Electoral Commission Chairperson testify.
Hearing of the motion has been fixed on Monday February 15, 2021, at the Supreme Court.
The Supreme Court, on February 11, 2021, unanimously threw out an invitation by the Petitioner, Mr John Dramani Mahama, to compel the EC Boss to be cross –examined.
The Court held that under civil trial, it could not compel a party to mount the witness box.
Lead Counsel for the Petitioner, Mr Tsatsu Tsikata, had argued that for the interest of justice and accountability Mrs. Mensa should be made to be cross- examined.
In an affidavit in support of the motion, the Petitioner held that based on the ruling of the Supreme Court on Thursday February 11, 2021, it had become necessary to use the subpoena powers of the Court under order 38 rule 10 of CI 47 to “compel the attendance of the chairperson of the first Respondent to appear and testify in court.”
According to Petitioner, representations made by the two respondents made him to believe that the respondents who had filed witness statement were going to testify.
“It, therefore, came as a surprise that both counsel for the respondents announced on Monday February 8, 2021, that this was no longer the case.”
The Petitioner said, “Mr Counsel is seeking leave of the court to re-open my case to enable the subpoena referred to, above be served on Mrs. Jean Mensa, so she can appear before this court to testify.
“The Subpoena documentation to be served on Mrs. Jean Adukwei Mensa is ready for filing once leave is granted to re-open our case.”
According to the Petitioner, the Court has the power to summon a witness in order to ensure the just determination of the petition.
The Petitioner further held that Mrs. Mensa had a unique role under the constitution and “having her testify is critical” adding same would ensure “compliance with the constitution.”
The Petitioner is seeking “a true account of what transpired between Mr Mettle Nunoo and the EC boss in order to settle relevant information before the court.”
The EC Boss, according to the Petitioner, would also address issues of vote padding.
“There is also a testimony of my witnesses about certain documents, which officials of the first respondent have put forward as not being authentic documents, a very serious matter in respect of which Mrs. Jean A. Mensa ought to be heard,” the Petitioner said.
GNA