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.
Ghana’s apex court made the ruling on Thursday morning, 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 in reading the ruling said the judges were not convinced by the contrary arguments made by Tsatsu Tsikata, lead counsel for the petitioner.
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.
By that application he (Mr. Amenovor) suggested that other parties can treat the witness statement by the EC Chair as a “hearsay”.
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.”
The court has gone for 20 minute recesss but before that, Lawyer Tsatsu Tsikata served notice to the bench that they will be triggering subpoena. The chief justice admitted the court is a court of records as such if they resume sitting they will deliberate on the request of the lawyers for the Petitioner
