- He has asked the Supreme Court to grant him an opportunity to reopen the case of the former president to subpoena the EC chair
- The EC chair, according to the court, cannot be compelled to testify in the case
- Tsatsu Tsikata, however, maintained that shielding the EC chair from testifying would set a bad precedent
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Tsatsu Tsikata on Monday, February 15, 2021, told the Supreme Court that Jean Mensa’s testimony would honour the God she gave glory to before declaring the 2020 presidential election results.
According to the Lead Counsel for former President, John Dramani Mahama in the ongoing 2020 election petition, the truth of what transpired in the Electoral Commission’s (EC) Strong Room was essential to the case, and “that is what we want Jean Mensa to come and testify.”
"She gave glory and honour to God after her declaration on 9th December 2020. My Lords, the chairperson [Jean Mensah] should come out to testify and to honour the God she claimed she serves," Tsikata told the court when he made a presentation to the court on his application to reopen the former president’s case.
Tsikata informed the court on Thursday, February 12, 2021, that he wished to reopen the former president’s case.
He closed the case after the former president’s third witness; Rojo Mettle-Nunoo mounted the witness box with the hope that the first respondent in the trial would present a witness.
Justin Amenuvor, the lawyer for the second respondent [EC], however, informed the court that he would not call any witnesses, closing his case in the process.
Tsikata objected to the EC lawyer’s moves, arguing that the EC chair cannot be shielded from cross-examination after signing the witness statement the first respondent put in the trial.
However, the seven-member panel hearing the case ruled that a party to a case cannot be forced to induce evidence.
The court further observed that the respondent [EC] had a right not to induce evidence after the petitioner had closed his case and that the petitioner “bears the burden of proof.”
Election Petition: Supreme Court to decide on John Mahama’s application to reopen case today after Jean Mensa’s swerve
In an affidavit deposed to the EC, Amenuvor called for the dismissal of the application, describing it as unwarranted by any rule of law or procedure.
The application, he said did not show sufficient reason for the court to permit the petitioner to reopen his case.
“I am advised that reopening a case is not a remedy for the asking; the Applicant must show the harm to be suffered if the case were not reopened. The Petitioner skipped this requirement,” the EC’s affidavit stated. “This Court ought not to permit proceedings before it to drag unduly on the basis of a Party’s afterthought and inability to prove its case in Court.”
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.
Election petition: Supreme Court orders lawyers for Mahama, EC, and Akufo-Addo to file closing addresses
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