The Supreme Court will on Tuesday, February 16, rule on the application filed by former President John Mahama to have his case re-open.
The apex court panel of seven Chaired by Justice Kwasi Anin Yeboah adjourned the case after hearing the parties argue the case in open court.
Lead Counsel for the Petitioner, Mr Tsatsu Tsikata while moving the motion for the apex court argued that they were surprised by the circumstances leading to 1st Respondent witness Jean Mensa not to give evidence.
Relying on Section 26 of the Evidence Act and per the affidavits opposing to the interrogatories by the Petitioner, the EC made it clear that, the Petitioner will not be prejudiced and the motion could be subjected to cross-examination.
According to him, the person they intend to call is Mrs Jean Mensa, the Chairperson of the Commission and not the EC, the 1st Respondent in this case.
When asked by Justice Gertrude Torkornor, to clarify to the court whose capacity the witness will be coming to Court, Mr Tsikata said, she will testify as an adverse witness for the Petitioner as per what the Common Law prescribed.
Glory to God
According to the Mr Tsikata, Mrs Mensa is someone who gave glory to God when she made the declaration on December 9 and sworn on oath of truth, it was relevant if she comes to testify in court to truly glorify God.
Mr Tsikata argued further that, the EC made references to Dr Kpessa-Whyte and Rojo Mettle Nunoo testimonies, make the issue of truth important and that it is the opportunity that she ought to take to indeed glorify God.
Some members of the panel – Justice Marful-Sai, Justice Prof Nii Ashie Kotey and Justice Torkornoo took turns to express concerns about that line of argument, and more so that was not the matter before the court.
Mr Tsikata obliged with the justices and asked the panel to take judicial notice.
Lawyer Justice Amenuvor, lead counsel for the EC, the 1st Respondent while opposing the motion, said the application is not warranted by any rule of law and by the procedure.
He argued that the application was an abused of Court processes only because the Petitioner wants the witness as a hostile witness to mount the box.
According to him, if granted, it will collapse the adversary system and that the title of the case alone is enough grounds of the abuse of court processes and should not be entertained.
Akufo-Addo’s argument
Lead Counsel for the 2nd Respondent, Mr Akoto Ampaw, who also opposed the motion said, the Petitioner has not satisfied that, there is a piece of fresh evidence that was not available to them when closing their case and that evidence could not have been obtained through due diligence.
He added that the Petitioner also did not prove that, that evidence they intend to adduce will have a material effect on the case before the court.
He prayed the court not to grant the application also because the Petitioner voluntarily closed their case despite knowing all the rules available.
Before adjourning the case to tomorrow, the court pointed out to Mr Tsikata that, per the ruling last Thursday not to compel EC Chairperson to testify, per the judicial bar, Mrs Mensa will not be allowed to testify.
But, Mr Tsikata disagreed and said the EC as a commission cannot be same as Chairperson of the EC.
The case has been adjourned for ruling on Tuesday.
Source: Ghana/Starrfm.com.gh/103.5FM/Murtalla Inusah
