[ 2021-02-12 ]

Petitioner has a strong case, not relying on respondents
She said the Petitioner, former President Mahama,
would not rely on any of the respondents’
witnesses as claimed by the other parties, saying,
they were championing a “strong case”.

Madam Appiah-Oppong, who was addressing the press
in a post-trial interview, said Mrs Jean Mensa,
the Chairperson of the Electoral Commission, the
first Respondent, was accountable to the people.

The Supreme Court, on Thursday, February 11, 2021,
dismissed an application by the Petitioner to
compel the Chairperson and the witness of
President Nana Addo Dankwa Akufo-Addo, the second
Respondent, to mount the witness box to testify
and be cross examined.

The Court, presided over by Chief Justice Kwasi
Anin Yeboah, said it did not intend to extend its
mandate beyond what the law required in such
petitions brought under Article 64 (1),
challenging the validity of the election of the
President.

The Court, also said it was not convinced and
would not yield to the invitation extended to the
Court by Counsel for the Petitioner, Mr Tsatsu
Tsikata, to order Mrs Jean Mensa, to mount the
witness box to be cross-examined on the EC’s
witness statement.

Accordingly, “We overruled the objections raised
by Mr Tsikata for the Petitioner against the
decision by the Respondents not to adduce
evidence.”

After the ruling, the lead Counsel for the
Petitioner informed the Court that they were in
the process of applying for leave to re-open their
case and subpoena the Chairperson of the
Commission to appear before the Court.

The Petitioner also served notice that he intended
to apply for review of the ruling not compelling
the respondents to mount the witness box to be
cross examined.

The Court adjourned the matter to February 18,
2021, to enable the parties file their written
addresses by February 17.

Madam Appiah-Oppong, said the Chairperson of the
Commission had to account for how, those errors
arose and when she discovered them.

She said the Commissioner also had to account for
what were the processes that led to the correction
of the errors.
She said the Commission refused to honour a number
of requests from the Petitioner, including
providing answers to interrogatories and
inspection of original documents in the EC’s
custody.

“Where are the principles of accountability and
when is the Commissioner going to be
accountable,” she asked.

Former President Mahama filed a Petition at the
Supreme Court seeking an annulment of the
Presidential election results and a re-run of the
election between him and Nana Akufo-Addo who is
the second Respondent in the petition.

The Petition is also seeking an injunction
directing the 1st Respondent, EC, to proceed to
conduct a second election between the Petitioner
and the 2nd Respondent as candidates.

Source - GNA

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