The Supreme Court has in a unanimous decision ruled that the Chairperson of the Electoral Commission, Jean Mensa and Peter Mac Manu cannot be forced to testify in the Election Petition case.
The apex court made the ruling on Thursday, February 11, 2021, on the back of an application filed by lead counsel for the Electoral Commission, Justine Amenuvor and that of President Akufo-Addo, Akoto Ampaw, asking for permission not to call any witness.
Chief Justice Kwasi Anin-Yeboah who read the ruling said the judges were not convinced by the contrary arguments made by Tsatsu Tsikata, lead counsel for the petitioner.
He also said they were given a limited jurisdiction in the Election Petition case and that they do not intend to go beyond that jurisdiction.
They insisted that the evidence put forth by the petitioner, John Dramani Mahama does not meet the burden of proof thereby making it unnecessary to put a witness for a counter case.
Mr. Amenovor relied on Order 36 Order sub-rule 4 and 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness.
By that application he (Mr. Amenovor) suggested that other parties can treat the witness statement by the EC Chair as a “hearsay”.
Likewise, lead counsel for President Nana Akufo-Addo, Akoto Ampaw also announced that the New Patriotic Party’s 2020 Campaign Manager, Peter Mac Manu would not be taking the witness box for cross-examination.
Mr. Ampaw argued that the petitioner has not been able to make a solid case in court hence the decision to close their case.
He further insisted that the petitioner “should rather be happy since his petition would be ruled on by his own evidence.”
But the lead counsel for the petitioner, Tsatsu Tsikata, disagreed.
Mr. Tsikata thus accused Mrs. Mensa of evading cross-examination.
He insisted that Mrs. Jean Mensa has signed to a witness statement and affidavits thereby constituting an election to adduced evidence.
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