- The court has affirmed its earlier ruling that the chairperson of the EC cannot be compelled to give testimony in the case
- The petitioner was seeking the court’s leave to reopen his case to subpoena the chairperson of the EC into the witness box
- For him, attempts to shield the EC chair from mounting the box for cross-examination would embolden public officials to misbehave knowing they will go scot-free
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The Supreme Court has dismissed former President John Mahama’s application for review after the court rejected his motion to reopen his case.
“The application fails and is hereby dismissed,” the Chief Justice, Justice Anin Yeboah stated in the ruling on Thursday, February 18, 2021.
Mahama wished to reopen his case to subpoena the chairperson of the Electoral Commission (EC), Jean Mensa, into the witness box for cross-examination.
But, the court dismissed that application.
The lawyers for the former president led by Tsatsu Tsikata disagreed with the court’s ruling and applied for a review.
After hours of arguments from counsel for both parties in the case and deliberations from the nine-member panel, the Chief Justice delivered the court’s ruling affirming its earlier decision that Jean Mensa cannot be forced to testify.
He said there is no provision in the constitution or statute that shows that the EC boss can be subjected to different rules contrary to established rules of procedure and settled practice.
Meanwhile, the court reportedly began contempt proceedings against former Deputy Attorney General, Dr. Dominic Ayine.
This follows his accusations that the court had a “predetermined agenda” against the former president, John Dramani Mahama, the petitioner in the ongoing election petition trial.
Earlier, Dr. Ayine, a member of the former president’s legal team said he would not be surprised if he was held for contempt.
“I won’t begrudge them,” the former Deputy Attorney General told an Accra-based Radio Station.
He would likely be served with the process today, Thursday, February 18, 2021, and subsequently invited to answer to the court why he should not be convicted, Asaase Radio reports.
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