The Supreme Court has set tomorrow, 16th February 2021 to rule on a motion filed by the 2020 NDC Presidential Candidate, John Dramani Mahama for leave to reopen his case in the ongoing election petition.
The motion is to facilitate the petitioner, John Mahama’s quest to file a subpoena to compel the Chairperson of the Electoral Commission (EC), Mrs Jean Adukwei Mensa, to testify before the apex court.
Lead Counsel Tsatsu Tsikata, during today's hearing, justified why the petitioner should be allowed to reopen his case: to subpoena the EC Chair and treat her as a hostile witness.
Lead counsel for the 1st respondent, Lawyer Justice Amenuvor argued that reopening the case will only abuse the process and will not help in the determination of the case.
He referred to the ruling of the SC saying the court was very clear in its ruling that it cannot compel the EC Chairperson to testify.
On the other hand, Lawyer Akoto-Ampaw, lead counsel for the second respondent, President Akufo-Addo argued that the petitioner has not shown how the reopening of the case and the subpoena of the EC will have a material effect on the case
The hearing has been adjourned to Tuesday, February 16 at 10 am.
Source: Peacefmonline.com
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THE SC HAS BEEN GENEROUS TO THE ELECTION PETITION. SINCE THE ADMISSION OF THE PETITION, IT HAS ALLOWED THE ERRORS IN THE PETITION TO BE CORRECTED AND SEVERAL INTERVENTIONS OF THE PETITIONER HAVE BEEN ENTERTINED. IT IS LIKELY THE SC MAY ALLOW THE REOPEN OF THE PETITION IN CONSIDERTION OF THE SUBPOENA TOMORROW. THEY MAY THEN SET THE PERIMETERS FOR THE SUBPOENA AT THE SAME TIME. JEAN MENSAH MUST THEREFORE GO TO THE SC PREPARED SINCE SHE MIGHT TAKE THE QUESTIONS FROM THE PETITIONER'S LAWYERS IMMEDIATELY. THE CROSS EXAMINATION FROM THE 1ST AND THE 2ND RESPONDENTS LAWYERS WOULD DEPEND ON HOW LONG THE PETITIONER'S LAWYER MAY TAKE. THE CROSS EXMINATION AS WELL COULD BE TOMORROW OR AT ANOTHER TIME. IT IS EXPECTED THAT THE QUESTIONS FOR THE SUBPOENA WOULD NOT BE ENTERTAINED BEYOND WHAT IS CONTAIN IN THE PETITION. THE JUDGES WOULD HAVE TO WORK HARD TO AVOID ANY SHOW OF CHAUVINISM FROM TSATSU. ANY IRRELEVANT QUESTION TO THE ELECTION PETITION SHOULD BE NOTED TO BE OVERRRULED. ANY BIZARRE ARGUMENT SUCH AS "IF ALL THE VOTES CAST IN TECHIMAN SOUTH WERE TO BE GIVEN TO THE PETIONER," WHEREBY IN REALITY, "ALL THE VOTES CAST IN THAT PLACE ARE NOT GIVEN TO THE PETITIONER," SHOULD NOT BE ENTERTAINED. ANY RATIONAL MIND CAN UNDERSTAND THIS ELEMENTARY LOGIC OF REASONING. IT IS PATHETIC THAT THE SC, THE HIGHEST COURT OF THE LAND HAS TO DEAL WITH THIS BECAUSE PETITIONER'S CAMP CANNOT GRASP THIS BASIC PRINCIPLE OF THOUGHT THAT "A HYPOTHETICAL STATEMENT CANNOT BE ADMITTED AS A REALITY OF FACT IN ANY TESTIMONY".
As for this one the SC shall grant them their request.