[ 2021-02-11 ]

Mahama to seek review of ruling preventing cross-examination of Jean Mensa
The legal team for John Mahama, the petitioner in
the election petition case, has served notice of
seeking a review of the Supreme Court’s ruling
on a decision by the Chairperson of the Electoral
Commission not to mount the witness box.

Legal representatives of the petitioner said, they
are in disagreement with the apex court’s
decision and will therefore use the lawful means
to have the EC Chair testify in the case.

The Supreme Court on Thursday, February 11, 2021,
in a unanimous decision, upheld an application by
the two respondents –the Electoral Commission
and President Nana Akufo-Addo– not to have their
witnesses testify.

Addressing the media, however, a spokesperson for
the petitioner, Marietta Brew Appiah-Oppong while
confirming the legal team’s subpoena application
also gave an indication that their side will file
a review motion on the ruling to have Jean Mensa
dragged into the dock and be cross-examined on the
declaration of December 7 polls which is being
disputed.

“We disagree. It is as simple as that. We have
nothing to do about the decision of the court but
accept it, and so we are going to file for an
application of review. Counsel for the petitioner
has announced that he will file a review of
today’s decision of the court. You heard the
Lordships, they said no one can stop us from
filing an application”, she noted.

Justifying why the EC Chair must mount the witness
box, Marietta Brew Appiah-Oppong reiterated the
numerous occasions where the Commission has
refused to provide information thereby questioning
the transparency and accountability of the
electoral management body.

“The Chairperson in the past has said she will
be available for cross-examination. We have an EC
who when a request for interrogatories was served
on her in the past, she refused to respond. The EC
has to be accountable to us and tell us how she
made those errors. There are questions we have to
put to her [Jean Mensa] that no one can answer.
She alone can answer”, Madam Appiah-Oppong
added.

Already, John Mahama’s [petitioner] counsel, Mr.
Tsatsu Tsikata has told the court he is unhappy
with the ruling and is, therefore “applying to
reopen our case and on that basis, we are issuing
a subpoena addressed to the chairperson of the
Electoral Commission of Ghana.”

The Ruling
The bench disagreed with arguments of the counsel
for the petitioner that the respondents especially
the Electoral commission by virtue of filing a
witness statement had elected to adduce evidence.

According to the Justices, suggestions made of
providing clarification during cross-examination
in some affidavits by the Respondents do not in
any way compel Jean Mensa to mount the witness
box.

Making known the reasons for the decision, Chief
Justice, Kwasi Anin Yeboah indicated that Tsatsu
Tsikata failed to point to any rules or cases when
he argued that the Electoral Commissioner should
be compelled to adduce evidence by virtue of her
constitutional duty in the conduct of elections in
Ghana.

“We are minded to state that our jurisdiction
invoked in this election petition is a limited
jurisdiction clearly circumscribed by law. We do
not intend to extend our mandate beyond what the
law requires of us in such petitions brought under
Article 64 (1) challenging the validity of the
election of a president. Simply put, we are not
convinced, and we will not yield to the invitation
being extended to us by counsel for the petitioner
to order the respondents to enter the witness box
to be cross-examined. Accordingly, we hereby
overrule the objection raised by the counsel for
the petitioner against the decision of the
respondents declining to adduce evidence in this
petition,” he ruled.

Source - Citinewsroom

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