- According to Tsatsu Tsikata, the chairperson of the EC needs to be held responsible for the role she played in the 2020 elections
- For him, attempts to shield her from mounting the witness box for cross-examination will embolden public officials to misbehave knowing they will go scot-free
- He further stated that he will ask for a review of the court’s ruling that she cannot be forced into the witness box
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The Supreme Court will today, February 16, 2021, decide on the application by John Mahama’s legal team to reopen the former president’s case in the on-going 2020 election case.
Tsatsu Tsikata, informed the court on Friday, February 12, 2021, that he wanted to reopen their case in order to subpoena the chairperson of the Electoral Commission (EC) Jean Mensa into the witness box for cross-examination.
Mensa, the returning officer in the disputed 2020 presidential elections was expected to mount the witness box to be cross-examined by the lawyers for the petitioner.
But Justin Amenuvor, the lawyer for the EC, informed the court that he would not call any witnesses.
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 on Thursday, February 11, 2021, ruled that a party to a case cannot be forced to induce evidence.
He told the Supreme Court on Monday, February 15, 2021, that the EC boss’ testimony would honour the God she gave glory to before declaring the 2020 presidential election results.
He said the truth of what transpired in the EC’s Strong Room was essential to the case, and “that is what we want Jean Mensa to come and testify.”
Meanwhile, Akoto Ampaw told the court that had lawyers of Mahama “thought through fully” the case of the respondents, they would have anticipated they would not call witnesses.
He made the remarks when he was arguing against the application the former president filed through his lawyers to reopen his case.
“If they had thought through fully the case of the respondents, they would have known that this was very likely to happen because right from the beginning of filing our answers, we had served notice to them and the court that we think that they didn’t have any case for us to be even heard,” Ampaw stated.
“So, they must have had notice that it was likely if they fail to lead sufficient evidence that we would not adduce any evidence and consistent with our original and primary position, we would ask the court to determine the matter on the evidence before it,” he added.
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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