John Mahama
Former President John Dramani Mahama has filed a motion seeking the leave of the Supreme Court to re-open his case before it.
The case is challenging the results of the 2020 Presidential election.
He had closed his case on Tuesday February 9, 2021, after calling three witnesses who were all cross-examined by counsels for the two respondents.
Mr. Mahama has now been ‘forced’ to seek leave to re-open his case after the court earlier today held that it would be improper for it to order the respondents to adduce evidence after they had elected not to do so.
He is seeking to subpoena the Chairperson of the EC, Jean Adukwei Mensa, to appear before the court to testify.
The former President indicated in his motion that the subpoena documents to be served on the EC boss are ready for filing once the court grants his leave to re-open his case.
He said he “believes that in the interest of justice, and of fair trial as required by the Constitution, that the court exercises its discretion to allow me to re-open my case in order to have the Chairperson of the 1st respondent (EC) and the Returning Officer of the Presidential election in respect of which this petition has been filed, to appear and testify in these proceedings”.
“This witness has a unique role under the Constitution and in respect of the Presidential Election that took place in Ghana on 7 December, 2020, and having her testify is critical for this court in order to ensure compliance with the constitution; more so as the witness to be subpoenaed did make a declaration whose constitutional validity I am challenging in this suit,” Mr. Mahama added.
The motion has been scheduled for Monday, February 14.
The former President has petitioned the Supreme Court over the results of the 2020 Presidential election which according to the Electoral Commission was won by Nana Akufo-Addo.
Mr. Mahama in his petition is urging the Supreme Court to annul the results of the December polls as none of the candidates who contested the election got the required 50 percent plus one of the total votes cast.
The former President last Tuesday closed his case after lawyers for the respondents had concluded the cross examination of his third witness.
Mr. Mahama had called General Secretary of the NDC, Johnson Asiedu Nketia, Michael Kpessa-Whyte and Robert Joseph Mettle-Nunoo to prove his case that none of the 12 candidates who participated in the 2020 Presidential election got the required more than 50 per cent of the total valid votes to be declared winner.
The two respondents at the close of the case of Mr. Mahama respectively submitted to the seven-member panel of judges that having heard the evidence of the witnesses produced by the ex-President and upon cross-examining them, they do not intend to call any witnesses.
It was their argument that the petitioner did not meet the threshold for burden of proof and burden of providing evidence hence would not adduce any further evidence in the matter.
Tsatsu Tsikata who is lead counsel for Mr. Mahama opposed the application, saying the respondents had elected to adduce evidence by filing a witness statement and hence must be ordered by the court to testify.
The seven member panel of the court presided over by the Chief Justice, Anin Yeboah in a unanimous decision overruled the objection, stating that it would be going beyond its powers if it were to compel the EC Chairperson to testify in the trial.
The court held that it was a well settled principle of law that a court cannot compel a defendant in a case to adduce evidence.
BY Gibril Abdul Razak