The Supreme Court will reconstitute today 15 February to consider an application from former president John Mahama to reopen his Election 2020 petition case in order to subpoena EC chair Jean Mensa.
Mensa through her lawyers had notified the court that she is not testifying in the petition hearing after the petitioner, Mahama, closed his case. According to her, the petitioner failed to adduce any evidence that invalidated the result of the elections.
Mahama’s lawyer, Tsatsu Tsikata objected to the first respondent’s position but the Supreme Court on 11 February ruled in her favour, stating the court cannot compel her to testify if she so wishes.
“We will therefore not yield to the invitation by counsel for the petitioner asking us to compel particularly the 1st respondent (EC) to adduce evidence. The objection is therefore overruled,” the Supreme Court panel stated.
The petitioner has therefore filed a fresh application praying the court to grant him permission to reopen his case in order to subpoena the EC boss to come into the witness box.
“At the time my counsel closed my case, the representation that had been made by each respondent to the court, and specifically to me, was that the witnesses who had filed witness statements were going to testify. It therefore came as a surprise that both Counsel for Respondents announced, on Monday, 8th February 2021, that this was no longer the case,” the petitioner said in his 39-page affidavit.
“My counsel is seeking leave of the court to reopen my case to enable the subpoena referred to above to be served on Mrs. Jean Adukwei Mensa, so she can appear before the court to testify.
“I am advised by counsel and verily believe that the subpoena documentation to be served on Mrs. Jean Adukwei Mensa is ready for filing once leave is granted to reopen our case,” the petitioner added.
Source: Daily Mail GH