Mahama must withdraw petition if Jean Mensa fails to testify – Lawyer advises.

A private legal practitioner, Nii Kpakpo Samoa Addo has admonished petitioner and former president John Dramani Mahama to drop his case against December 2020 presidential elections if he fails to get the Electoral Commission (EC) Chairperson to mount the witness stand.

Supreme Court Judges hearing the December election petition on Thursday, February 11, 2021, in a unanimous decision, ruled that the Chairperson of the Electoral Commission, Jean Mensa cannot be forced to testify in the case.

“The law is, therefore, settled that a party will not be compelled to enter the witness box and testify in support of his or her own case,” the court indicated.

I also overruled an objection by lead Counsel the petitioner, Mr Tsatsu Tsikata, challenging the decision by the respondents (the EC and President Akufo-Addo) not to call any witness.

The lawyers have noted that they will reopen the case and subpoena the EC Chair to testify.

But reacting to the development on Citi TV’s ‘The Big Issue’ on Saturday, February 14, Nii Kpakpo Samoa Addo noted that it will be a fruitless venture for former President John Mahama to continue to pursue the case.

“If he applies to reopen his case and the court still refuses for him to issue the subpoena then I think there will no point in pursuing this case any further,” Mr. Addo posited.

“I will be surprised if the petitioner actually sees this case to the end,” he furthered.

Mr Addo highlighted same arguments presented by the Petitioners counsel, maintaining that there was the need for Madam Jean Mensa to mount the witness stand in order to be accountable in the case.
He averred that the EC Chair’s posturing could prove divisive and affect future elections in the country.

“The one against whom the allegation was made is the sole returning officer in this election. She is the only one who can answer to the specific allegations that have been made against her.

“If the Electoral Commissioner is not accountable in a court process in respect of how she conducted herself… then basically what you are saying that in an election in the future, all issues are settled in the polling stations,” he explained.