[ 2021-02-19 ]

Jean Mensa cannot be compelled to testify – Supreme Court affirms earlier ruling
A nine-member panel of Supreme Court Judges has
unanimously affirmed a seven-member panel decision
that the Electoral Commission cannot be compelled
to call its Chairperson Jean Mensa to testify in
the election petition.

The earlier panel comprising; Chief Justice Kwasi
Anin Yeboah, Justices Appau, Marful-Sau, Nene
Amegatcher, Prof. Kotey, Mariama Owusu, and
Gertrude Torkonoo ruled that the EC boss filing a
witness statement does not mean she has to
testify.

The court also said the depositions in affidavits
with regards to the interrogatories do not mean
the witness can be compelled.

The Chief Justice who read the decision explained
that no provision in the constitution or statute
has been pointed out to show that the EC
Chairperson can be subjected to different rules
contrary to established rules of procedure and
settled practice.

Mr. John Mahama’s lawyers filed for a review of
this decision saying the Apex Court committed
errors of law in arriving at this conclusion.

The review had Justices Tanko and Lovelace Johnson
joining the original 7 member panel to hear the
case.

Lead Counsel for the petitioner, Tsatsu Tsikata
insisted that the 9 member panel ought to rule
that Jean Mensa by filing a witness statement and
making claims of petitioner’s option of cross
examining her in an affidavit should be compelled
to testify.



This was opposed by lawyers for President
Akufo-Addo and the EC.

They relied on rule 54 of the Supreme Court rules
(C.I 16) to insists that the conditions meriting a
review have not been met.

These conditions are exceptional circumstances
that have resulted in a miscarriage of justice and
discovery of new and important matter or evidence
which, after the exercise of due diligence, was
not within the applicant’s knowledge or could
not be produced by him.

The 9-member panel ruled that these conditions
have not been met.

Source - Joyfm

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