Jean Mensa – EC Chairperson
The Supreme Court has turned down a call by lawyers for former President John Dramani Mahama for it to compel the chairperson of the Electoral Commissiom (EC) to enter the witness box and be cross-examined in the ongoing election petition case.
Lawyers for the EC and Nana Akufo-Addo, after Mr. Mahama had closed his case indicated that having heard the evidence of the witnesses of the petitioner, they do not intend to call any witnesses to testify.
They wanted the court to rely on the evidence and cross examination of the petitioner’s witnesses to determine the matter.
The respondents were of the view that the petitioner bears the burden of proof and the burden of producing evidence.
The application was opposed by Tsatsu Tsikata, lead counsel for Mr. Mahama who argued that the respondents had already filed witness statements on behalf of their witnesses hence cannot say they will not adduce evidence.
He said the first respondent in particular is a constitutional body and its chairperson must be made to account to the people of Ghana through cross examination.
The seven member panel of the court presided over by the Chief Justice, Kwasi Anin Yeboah and assisted by Justices Yaw Appau, Samuel Marful-Sau, Nene Amegatcher, Prof. Nii Ashie Kotey, Mariama Owusu and Gertrude Torkornoo in its ruling held that the court cannot compel the respondents to enter the witness box and adduce evidence.
The court held that a defendant in a civil case has a right not to adduce evidence after the close of the case of the plaintiff and a court cannot compel a party to adduce evidence.
The court added that it cannot stretch its jurisdiction beyond what the law requires.
Meanwhile, Mr. Tsikata has indicated to the court that the petitioner intends to re-open his case in order to issue a subpoena on the EC Chairperson, Jean Adukwei Mensa to testify in the matter.
Petition
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.
He is also asking the Apex Court for an order of injunction restraining Nana Akufo-Addo holding himself out as President-elect.
Again, the former President wants the court to order the Electoral Commission to organize a second election with himself and Nana Akufo-Addo as the only two candidates.
BY Gibril Abdul Razak