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Mr. Tsatsu Tsikata, lead counsel for former President John Mahama, arriving at the court. PHOTO BY EBOW HANSON
Former President John Dramani Mahama, the petitioner for the 2020 presidential election, adopted a new strategy to bring the President of the Electoral Commission (EC), Ms Jean Adukwei Mensa, to the witness stand to testify in the petition .
Mr. Mahama filed a petition urging the Supreme Court to grant him leave to reopen his case to allow him to subpoena (ask the court to order) the President of the EC to testify.
The motion was filed yesterday, barely an hour after the Supreme Court quashed an objection by its lawyer to the respondents’ (EC and President Nana Addo Dankwa Akufo-Addo) decision not to call any witnesses to present evidence. .
Mr. Mahama closed his case last Monday after his third and final witness, Mr. Robert Joseph Mettle-Nunoo, was cross-examined by counsel for the respondents.
Interest of justice
In a 39 paragraph affidavit in support of his petition, the petitioner argued that it was in the interests of justice and fairness to allow him to reopen his case to give his lawyers an opportunity to assign the boss of the EC.
He argued that by the time he closed his case he was confident that his lawyers could use the cross-examination of the Head of the BOI to allow him to ask the interrogations, as she (the Chief of the BOI) had indicated that interrogations were not necessary as these questions could be asked during cross-examination.
“At the time my lawyer closed my case, the statement that had been made by each of the respondents in court, and more particularly to me, was that the witnesses who had given their statements were going to testify. It was therefore surprising that counsel for the respondents announced on Monday February 8, 2021 that this was no longer the case, ”he said.
The former president further argued that it would be in the interests of justice if he were allowed to reopen his case to allow his lawyers to subpoena Ms Mensa, due to her unique position.
“The witness (President of the EC) has a unique role under the Constitution with regard to the presidential election which took place in Ghana on December 7, 2020, and having her testified is essential for this court to ensure respect for the Constitution, especially since the witness to be summoned made the declaration, the constitutionality and validity of which I am contesting in this lawsuit, ”he maintained.
Witnesses
Former Chairman Mahama also said that it would be in the interests of justice and fairness for Ms Mensa to testify to some of the claims made by her (Mahama’s) witnesses, as the EC lawyer sought to challenge them during cross-examination.
“It will be fair to all parties if Ms. Mensa testifies to what happened between her and Mr. Mettle-Nunoo in order to settle this important issue, which is relevant to cases in this tribunal,” he said. added.
Case of the petitioner
In his petition, former President Mahama argued that no candidate had won the 2020 presidential election and, therefore, President Akufo-Addo’s declaration as the winner of the election by Ms Mensa was “void, void, unconstitutional and without legal effect ”.
He argued that, according to the results announced by Ms Mensa on December 9, 2020, no candidate received more than 50% of the total valid votes cast, as required by Article 63 (3) of the Constitution of 1992.
Former President Mahama therefore wants the Supreme Court to declare the declaration of December 9, 2020 null and void and also order the EC to proceed to a second round between him and President Akufo-Addo.
Respondents’ responses
In their responses, Chair Akufo-Addo and the EC argued that the petition was incompetent, lacking in merit, and did not raise any reasonable cause of action.
According to them, the petition did not even meet the requirement of a presidential election petition, as stipulated in Article 64 (1) of the 1992 Constitution, and was therefore incompetent.
This, they argued, because the petition made no allegations of infringement during the election at any of 38,622 polling stations and 311 special polling centers.
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