[ 2021-02-15 ]

Mahama wants Jean Mensa to testify as his 'hostile witness'
Former President John Dramani Mahama, the
petitioner in the 2020 presidential election
petition, on Monday sought to convince the Supreme
Court to allow him re-open his case.

His lead counsel, Mr Tsatsu Tsikata, told the apex
court that it was essential that the petitioner
was allowed to re-open his case in order to
subpoena the Chairperson of the Electoral
Commission (EC), Mrs Jean Mensa, to testify in the
petition.

When asked by Justice Gertrude Torkornoo in what
capacity Mrs Mensa would testify, Mr Tsikata said
as a witness for the petitioner, but she will be
treated as a "hostile witness".

He argued that Mrs Mensa in her affidavits before
the court made representations that she will make
herself available for cross-examination.

The rules of evidence, he said, made it compulsory
for Mrs Mensa to testify, based on her averments
that she will testify.

Opposition
Lawyers for the respondents, however, opposed the
application for the petitioner to re-open his
case.

Lead counsel for the EC, Mr Justin Amenuvor,
argued that the petitioner wants to open his case
to patch the weaknesses in his case through the EC
Chairperson.

He also submitted that the EC chairperson never
stated that she will make herself available for
cross-examination, a position he said had been
upheld in the court’s ruling that it cannot
compel the EC Chairperson to testify.


In his submission, Mr Akoto Ampaw, counsel for
President Akufo-Addo, the second respondent,
argued that the application for leave to re-open
his case was a ploy by the petitioner to oppose
the EC’s position not to call any witness to
testify.

The court, he argued, had already affirmed Mrs
Mensa’s right not to testify.

Source - Graphic Online

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