- Jean Mensa and Peter Mac Manu are expected to be cross-examined after the petitioner’s witnesses
- According to the president’s legal team, the latter is ready to testify when called upon by the court
- Mahama is before the apex court to have the results of the 2020 presidential elections set aside
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President Nana Akufo-Addo’s legal team on Tuesday, February 9, 2021, said its star witness is “more than ready” to testify in the ongoing trial.
The president’s legal team is expected to present the New Patriotic Party’s (NPP) campaign manager in the 2020 general elections, Peter Mac Manu, as its witness.
“If the court decides that we should give evidence, our star witness is more than ready,” a spokesperson for the president’s legal team, Nana Adjoa Adobea Asante told journalists.
John Mahama, the petitioner in the case had presented three witnesses in the trial, closing its case after the cross-examination of Rojo Mettle-Nunoo.
The closure of his case meant the chairperson of the second respondent (Electoral Commission), Jean Mensa, will take the witness box, but that was not to be.
Justin Amenuvor, the Commission’s lawyer told the Supreme Court on Monday, February 8, 2021, that he will not call any witness of his own, moving to close his case.
He argued that the three witnesses called by the petitioner had not satisfied the burden of proof when they appeared before the court.
Tsikata who is the petitioner’s lead counsel, however, objected to the respondents’ lawyers’ moves.
He told the court during his submissions on Tuesday that the EC chair cannot be shielded from cross-examination after signing the witness statement the first respondent presented before the court.
“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.
A private legal practitioner, Ace Anan Ankomah has also said the former president, John Dramani Mahama cannot hang the destiny of his case on what his opponents might or might not do in court.
“If you go to court alleging that something has or has not happened, the burden is on you to provide the evidence,” he stated in an op-ed titled: ‘He Who Alleges Must Prove’.
“And that becomes a tad difficult when you have admitted that you indeed have that evidence in your possession, custody, and power, but boldly (and probably calamitously) testify that you decided not to bring that evidence to court,” he added.
In a related development, Gabby Asare Otchere-Darko has also advised John Mahama's legal representative in the election petition, Tsatsu Tsikata, to admit he was outmaneuvered in the ongoing election petition trial.
“Tsatsu should simply admit that he’s been outsmarted!” the leading member of the governing NPP wrote on his social media handle on Tuesday, February 9, 2021.
It’s hard to see why election petitions exist if Jean Mensa cannot be cross-examined - Kwaku Azar laments
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.
The Supreme Court adjourned the hearing to Thursday, February 11, 2021, to rule on the application.
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