[ 2021-02-15 ]

Mahama’s move to reopen case is an abuse of court processes – Amenuvor to Suprem
Counsel for the 1st Respondent in the ongoing
election petition hearing Justin Amenuvor has told
the Supreme Court on Monday, February 15, that the
petitioner’s application to reopen his case is
an abuse of the court processes.

Mr. Amenuvor told the court that extensive
research he conducted so far on reopening of
cases, points that since the common-law emerged in
Ghana as far back as 1876 no such attempt has ever
been made.

This is “an abuse of the court processes,” he
said.

Mr. Tsikata had told the Supreme Court that he
closed the petitioner’s case because he thought
the Chairperson of the 1st Respondent, Mrs. Jean
Adukwei Mensa will make herself available for
cross-examination.
He said that the affidavit of the 1st Respondent
indicated that she will testify in the case hence,
their earlier decision to close their case for
that to happen.

“We had the expectation that the chairperson of
the 1st Respondent will testify” hence the
closure of the case.

“The Chairperson of the 1st Respondent has in an
affidavit made clear that the petitioner will in
no way be prejudiced because the questions that
the petitioner sought to have in interrogatories
those will be subject matter in
cross-examination,” Mr. Tsikata told the court.

Meanwhile, Mrs. Adukwei Mensa, has sworn an
affidavit, praying the Supreme Court to dismiss a
fresh application filed by petitioner in the
election petition case John Dramani Mahama to
reopen the case.

According to Mrs. Mensa, the application is not
warranted by any rule of law or procedure “and
the same should be dismissed by this Honourable
Court”.

She indicated that Mr. Mahama’s application is
“creating the erroneous impression that this
application is made at my behest”.

The Chair of the Commission explained that at no
time had she informed the petitioner nor his
lawyers of her desire to testify in the case.

Lawyers of Mr. Mahama on Thursday, February 11
declared their intention to re-open the case in
order to subpoena Mrs Mensa as the Returning
Officer of last year’s presidential elections to
testify.

It followed the unanimous dismissal of an earlier
application to force witnesses of both respondents
– EC and Nana Addo Dankwa Akufo-Addo – to
appear in the witness box.

The respondents had closed their case by voting
not to present their witnesses in court.

But the petitioner filed the application to get
the Chair of the EC, in particular, to make an
appearance in the interest of the public.

In her affidavit, calling for the dismissal of the
petitioner’s application, Mrs. Mensa stated:
“I believe that there are more convenient fora
(forums) for ventilating the so-called public
interest issues and further that this should not
form the basis of the Petitioner re-opening his
case in a Presidential Elections Petition in
Court.”

She expressed surprise how the petitioner, after
closing his case on his own volition, will come
back again to request that the case be re-open.

“I am advised that even if this Court grants
leave for the Petitioner to reopen its case; it
ought not cause a subpoena to be issued against me
because a subpoena is issued with coercive
effect.

“The Honourable Court, having held that I
rightly exercised the option of my right not to
testify would be overriding its earlier decision
to order that I be compelled to testify.”

Source - 3 News

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