Lead counsel for the petitioner in the 2020 Presidential Election Petition, Tsatsu Tsikata, has told the Supreme Court, the petitioner John Dramani Mahama, by a motion to reopen his case is seeking to reverse a step he has taken.
The Petitioner, after cross-examining his 3rd witness, Robert Joseph Mettle-Nunoo, closed his case in anticipation that the 1st and 2nd Respondents would also open their cases and lead evidence by calling witnesses.
But the 1st and 2nd Respondents decided they would not lead any further evidence, arguing that the petitioner has not adduced enough evidence to meet the required standard of proof.
This position of the 1st and 2nd Respondents was challenged by counsel for the petitioner, Tsatsu Tsikata, but the court decided in favor of the Respondents that witnesses cannot be compelled to testify in law.
Dissatisfied with the ruling of the court on the matter, lawyers for the petitioner filed two motions: one for a review of the ruling and another for the reopening of the petitioner’s case to allow him to subpoena the chairperson of the 1st Respondent EC. The EC chair entered her response in opposition to the motion seeking the reopening of the petitioner’s case.
Hearing the motion for the reopening of the petitioner’s case Monday, February 15, counsel for the petitioner justified why the move was necessary and what jurisdiction of the court he is invoking.
“I’m coming under the inherent jurisdiction of the court because my Lords will appreciate that it is under the inherent jurisdiction of the court that the court grants leave in such circumstances where we have taken a step of and we are seeking to reverse the taking of that step”, he explained.
Mr. Tsikata wants the court to allow the petitioner reopen his case so he can serve a subpoena on the chairperson of the Electoral Commission.
