The Supreme Court (SC) has unanimously ruled that they cannot compel Madam Jean Mensa to mount the witness box
“…simply put, we are not convinced and will not yield to the invitation being extended to us by counsel of 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" Chief Justice Anin Yeboah declared.
The SC has subsequently ordered all the parties to file their closing addresses by 17th February 2021.
The case has been adjourned to 18 February 2021.
Petitioner's review & Subpoena
Lead counsel for the petitioner, Tsatsu Tsikata says they will be seeking a review of the apex court's decision not to compel the EC chairperson to mount the witness box.
They also intend to reopen their case and to file a Subpoena to have Madam Jean Mensa mount the witness box.
Background
Lawyer for the Electoral Commission (EC), Justin Amenuvor on Monday, February 8 told the SC that it will not put its witness, Jean Mensa in the witness box.
This was after the petitioner told the court it has closed its case.
“Given the evidence of the petitioner’s witnesses under cross-examination so far, of those witnesses, speaking for the 1st respondent, it is the 1st respondent’s case that we do not wish to lead any further evidence and therefore we are praying that this matter proceeds under Order 36 Rule 43 and CI 87 rule 3 (e) 5, we hereby and on that basis close our case” lawyer Amenuvor stated.
Lead counsel for the second respondent, Akoto Ampaw also indicated that he will not put his witness Peter Mac Manu in the witness box and that the burden of proof lies on the petitioner.
But lead counsel for the petitioner, Tsatsu Tsikata, objected to the move by the lawyer for the 1st Respondent.
According to him, the EC boss has a constitutional duty to give accounts of what she has done in the conduct of her responsibility.
Source: Peacefmonline.com
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I don't know why Lawyers for petitioner and NDC members are bent on getting the EC to mount the witness box. Why. I am sure they are in shock. Those mysogynists are all put to shame. It's suulya. Of course the battle is for the Lord. Amen. Agbenaa
The argument to demand Jean Mensah to testify on the basis of accountability and impunity of by NDC cannot stand the test of a District Court, let alone the Supreme Court. It is universal rule that you cannot compel a witness to give evidence against his will and this case is of no exception. Concerning reopening the case, it is proper for all to understand that litigation cannot continue for ever. Litigation at some point in time should come to an end. Tsatsu and NDC cannot continue to earn for themselves a notoriety of recalcitrant litigant. NDC should by now know that the question at stake is not about accountability and impunity but about that of a bad case. NDC has not proved any case. They have not attack any figure to substitute it with another. Substantially election result cannot be challenge without provision of figures. It is sheer misinformation of the public with repeated baseless unsubstantiated allegations. The reaction to SC seems to support the view of many that Mahama's Petition should not have been entertained to this point. Many think that the Petition should have been dismissed long ago. Some who on the other hand agree that it is still a waste find it necessary because of the lessons learnt in the trial. Whatever the opinion one may have the litigation cannot continue on and on but should be stopped at this point. Mahama and NDC should know that they have lost the election at the pooling stations and at SC. They should not behave like Trump to worsen case more court defeat. Trump is now impeached second time for the violence that cost some lives. Ghana also lost lives by the incitement of the losers. Persistent litigation by NDC might require Mahama to be in court to answer the lost lives in the election agitations.
Tsatsu is an excellent lawyer. The mahama election petition is a terrible one. Tsatsu has put his legal prowess into disrepute by accepting to handle an obviously bad case.
There is no doubt about this ruling especially when you have ***barred word*** resemblance of human beings as JUSTICES at the SUPREME COURT. Ghana is doomed forever
Tsatsu want to do that to reduce his disgrace for poor performance. The NPP has good lawyers; this is law not patapaa.
Tsatsu want to that to reduce his grace for poor performance. The NPP has good lawyers; this law not patapaa.
Ghanaians are agitated with the modus operandi of the opposition party (NDC) in current court procedures. Why is the lead counsel for the Petitioner, Mr Tsatsu Tsikata insisting that the Chairperson of the EC, Mrs Jean Mensa need to mount the witness box and why refering to the situation of Mr. Afari Gyan, 2012 election petition. In 2012 election petitioner Dr. Afari Gyan was not coerced to mount the witness box, Afari Gyan could have neglected the witness box but it was out of his own interest and personel freedom he chose to be in the witness box. Go and ask Afari Gyan and he will tell you the details. By the constituitional rights and accountability, Mrs Jean Mensa had presented her work to Ghanaians by the declaration of the 2020 election results. 95 % of ghanaians had accepted the declaration of the 2020 election results. 5% the NDC were not satisfied hence challenging the results in court. Mr. John Mahama as a Petitioner brought his case to court, to challenge the elections results of 2020. AS one is following the court procedeeings, its a revelation that the Petitioner is batteling with emotions and suspicions and has diverted his attention to challenging the personality of Mrs Jean Mensa. That is absolute wrong!!! The Lead Petitioner had not been able to logically and mathematically challenged the so called elections mistakes of the 2020 elections and not even his three witnesses accounted for. Court procedeeings all over the world are engaged with logic, mathematical and rational rulings rather than emotions and suspicious agatations directing to a person. Based upon the hidden emotional and suspicious agenda of the Petitioner and his lawyers, Supreme Court had dismissed the cross examine of Mrs Jean Mensa requested by the Petitioner, Mr Mahama. This court proceedings had a lot to reveal about the "male dominace" in the Ghanaian culture. The Ghanaian family set up. The man is the head of the family. The way the ghanaian men dominate and treat their wives at home, such as "am the man of the house and you are the wife" as a wife you only have to follow the rules of the man, and as a wife you only have to be obedience" The "Men of the Umbrella Family and associate petitioners" have brought this type of male dominace withing court proceedings and thinking Jean Mensa, as a female needs only to be controlled as they do at home by controlling your wifes. It is the law, that is controlling and not male chauvenisim. Just to remind you the Petitioners, Mrs Jean Mensa is well educated, respectful and disciplined than some of you men in the court. Dont take her for granted and dont bring your male chauvinisim in court proceedings.
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You did not provide any evidence in court, not even your own tabulated figures from the election you claim is stolen. Just ramblings and long talk by your lawyer