A decision on whether Jean Mensa, the chairperson of the Electoral Commission will mount the witness box and testify in the 2020 election petition hearing will be made by the seven-member Supreme Court panel on Thursday, February 11, 2021.
The first and second respondents in the ongoing election petition hearing on Monday informed the court of their decision not to present any witnesses.
On Tuesday, Tsatsu Tsikata, the lawyer for the petitioner spent hours trying to persuade the justices to allow Jean Mensa to testify.
Justin Amenuvor and Akoto Ampaw, lawyers for the first and second respondents respectively also took turns to argue why they cannot be compelled to present any witnesses.
Lawyer Amenuvor averred that if the petitioner had a good case, he would have been excited that the respondent has decided not to testify.
Justine Amenuvor said: “it is our case that we would not wish to lead any further evidence, and therefore we are praying that this matter proceeds under order 36 rule 43 and C.I. 87 rule 3 (5) and we hereby on that basis, close our case.”
Tsatsu Tsikata on the other hand submitted that it will be a perversion of justice if the court grants the EC’s request not to be cross-examined.
“What is being put before you now is not only an affront to justice but is not in accordance with the rules of this court, and we respectfully submit that it must not be countenanced by this court,” Mr. Mahama’s lawyer said at the Supreme Court on Tuesday, February 9, 2021.
An in-camera hearing is expected to be held today after which the judges will pass verdict during sitting on Thursday.