It’s hard to see why election petitions exist if Jean Mensa cannot be cross-examined - Kwaku Azar laments

It’s hard to see why election petitions exist if Jean Mensa cannot be cross-examined - Kwaku Azar laments

- Lawyers for the first and second respondents have said they will not call any witnesses

- Jean Mensa and Peter Mac Manu, the campaign director of the NPP are expected to be cross-examined after the petitioner’s witnesses

- The petitioner is before the apex court to have the results of the 2020 presidential elections set aside

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A legal practitioner, Professor Kwaku Asare, has described as baffling, attempts to have the chairperson of the Electoral Commission (EC) evade cross-examination in the ongoing election petition trial.

It’s hard to see why election petitions exist if Jean Mensa cannot be cross-examined - Kwaku Azar laments
Photo credit: Electoral Commission Ghana
Source: Facebook

“It is hard to see why election petitions exist if one cannot discover information or cross-examine the returning officer who is the only person charged with declaring the election outcome,” he stated in a Facebook post on Tuesday, February 9, 2021.

According to the legal practitioner affectionately called Kwaku Azar, actions by the lawyer for the first respondent “is not an interesting” one and should be resolved routinely by the Supreme Court.

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In other news, Tsatsu Tsikata, Mahama’s lawyer in the trial urged Jean Mensa to testify, telling her that the “truth shall make her free.”

According to him, she cannot evade cross-examination after signing the witness statement the First Respondent, the Electoral Commission, put in the trial.

Arguing his objection to the moves by the lawyer for the First Respondent not to call any witness in the case, Tsikata said instead of the EC chair coming into the box to speak the truth, she will not want to mount the box.

“What has been put before you is not in accordance with the rules of this court and should not be countenanced,” he told the seven-member panel hearing the case.

He insisted that by filing a witness statement, the first respondent had crossed the bridge as far as opening the examination gate for the witness.

Justin Amenuvor and Akoto Ampaw, lawyers of the respondents told the Supreme Court on Monday, February 8, 2021, that they would not call witnesses of their own.

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2020 election petition: Jean Mensa knows the truth shall make her free - Tsatsu Tsikata

They argued that the three witnesses called by the petitioner “have not satisfied the burden of proof” when they appeared before the court.

He further told the Court on Tuesday, February 9, 2021, that their decision should work in favour of the petitioner and that in any event, the petitioner cannot compel them to enter the witness box to give evidence.

The NDC flagbearer, John Dramani Mahama petitioned the Supreme Court to order a second round of the December 7, election.

According to him, the votes obtained by NPP’s candidate, President Nana Akufo-Addo, and himself in the December 7, election as declared by the EC Chair were not enough for a candidate to be declared the winner.

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