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Tsatsu Tsikata, John Mahama’s lawyer in the election petition, is livid over the refusal by the Chairperson of the Electoral Commission, Jean Mensa, to testify in the election petition hearing.
According to him, it will be an affront to justice if Mrs. Mensa is not cross-examined in the ongoing case.
Mr. Tsikata has been arguing to ensure that the EC Chairperson, appears in the witness box though the commission’s counsel has closed his case.
“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.
Mrs. Mensa has already filed a witness statement where she denies allegations of malfeasance outlined in Mr. Mahama’s petition.
Mr. Tsikata argued that Mrs. Mensa’s witness statement was one of the issues the petition was meant to address and necessitated cross-examination.
One of the issues outlined by the Supreme Court for determination is whether or not the declaration of the presidential election results by EC was in violation of Article 63 (3) of the 1992 Constitution.
Mr. Tsikata has also been trying to convince the justices that Mrs. Mensa’s witness statement can be considered as evidence.
“By filing its witness statement, the [EC] has clearly crossed the bridge as far as opening up the witness [Jean Mensa] for cross-examining is concerned.”
When asked by the court bench if Mrs. Mensa was entitled to change her mind, Mr. Tsikata said that matter “should be openly put to this court and the court may have the power to disallow this change.”
In his view, there is no basis for the EC Chairperson backing down as a witness since she has already filed statements to that effect.
“She has made representations to this court and other parties in this case. She has made her representations and she cannot now resign from those representations unless there is good reason,” Mr. Tsikata said.