A member of the seven Supreme Court panel that dismissed the 2020 Presidential Election Petition filed by John Dramani Mahama has said there was no foundation that allows the Petitioner to call the Chairperson of Electoral Commission (EC) as his hostile Witness.
Justice Yaw Appau, now retired, explained that, a hostile Witness is someone who is called by a party but instead of testifying in his favour, rather testified against him.
This, Justice Appau said, explained why the apex Court unanimously dismissed the request from lawyers of former President John Dramani Mahama to be allowed to call, Jean Adukwei Mensah, (who was representing the EC as the 1st Respondent).
In 2020, former President John Mahama filed a Petition at the Supreme Court to challenge the 2020 Presidential Election.
In that petition, he named the EC and President Nana Addo Dankwah Akufo-Addo as the 1st and 2nd Respondents respectively.
The petition, was unanimously dismissed, together with several interlocutory applications – including one that requested that, the EC Chairperson be allowed to mount the Witness Box and be treated as a hostile witness for the Petitioner.
However, that request was dismissed which drew a lot of controversy including one that labeled the Supreme Court as a “unanimous FC.”
Justice Appau, who was speaking at the Guest of Honour at the GIMPA Law Students’ Association’s event on the theme: ‘Enhancing the Integrity of Elections 2024: A Review of the Electoral Laws of Ghana, explained why the EC Chairperson Mrs. Jean Adukwei Mensah was not allowed by the Apex Court into the Witness Box.
According to the retired Justice Appau, “Your adversary cannot be your hostile Witness.”
“How can you call someone you have sued or that you have brought to Court that she should be brought into the Witness Box as a hostile witness,” he wondered.
Who is a hostile witness?
“….As law students, I am asking you, who a hostile witness? Who can tell me who a hostile witness is?” Justice Appau asked rhetorically.
“A hostile witness is your own witness who had entered the box and instead of testifying in your favor, starts to testify against you.
“Then at the end of his testimony, you apply to the Court to treat him (your own witness) as hostile so that you could cross examine him – that’s a hostile witness,” the retired Supreme Court judge explained.
“Your adversary cannot be your hostile witness. How can you call someone you have sued or that you have brought to Court that he should be brought into the Witness Box as a hostile witness,” the former Judgement debt sole Commissioner stated.
Unanimous FC
“This is pure law,” said Justice Appau, adding that, it is a “simple elementary law.”
This, he, wondered why the Apex Court was labeled as a “unanimous FC,” when the Petitioner had no case.
..And when you dismissed it they (unhappy supporters) say unanimous FC. It’s like tickling yourself and laughing,” Justice Appau stated.
He said, this posture of politicians “does not do the Country and good.”
“As politicians, you should know how you talk and how you present issues to your people,” he said, adding that, “We want the best for our country.”
Background
On March 4, 2021, a seven-member panel of Supreme Court Judges unanimously dismissed the election petition filed by the 2020 NDC Presidential Candidate, John Dramani Mahama.
This according to the apex court was because the case before it had no merit.
Former President John Mahama who lost the 2016 elections and re-contested the 2020 polls on the ticket of the National Democratic Congress (NDC), took the Electoral Commission to court, challenging the validity of results and the declaration of President Akufo-Addo as the winner.
But reading the ruling of the court today, Chief Justice Anin Yeboah said the petitioner did not satisfy all the 5 issues outlined by the court to determine the case.
Source: Ghana/Starrfm.com.gh/Murtala Inusah/Princess Ivy Ama Hoindoh
