Election petition: Jean Mensa won’t testify – Supreme Court

The seven-member panel of the Supreme Court has ruled that the Chairperson of the Electoral Commission, Jean Mensa is free not to testify in the ongoing election petition.

The two respondents on Tuesday made the application to the apex court arguing among other reasons that the petitioner had not sufficiently discharged on his obligation to prove the issues raised for determination.

The ruling follows three hours of legal arguments on Tuesday between lawyers for the respondents, Justin Amenuvor and Akoto Ampaw, and the petitioner’s lawyer Tsatsu Tsikata.

Chief Justice Kwasi Anin-Yeboah, who read the ruling, said they were not convinced by the contrary argument made by Tsatsu Tsikata, lead counsel for the petitioner.They insisted that the evidence put forth by the petitioner, John Dramani Mahama, does not meet the burden of proof, thereby, making it unnecessary to put a witness for a counter case.

“We are reminded to state that our jurisdiction invoked in this election petition is limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under article 67 clause 1. Simply put, We are not convinced and will not yield to the invitation being extended to us by the counsel for the petitioner to order the respondents to enter the witness box in order to be cross-examined.

“Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce testimonies in this petition”, the Chief Justice said.

Below is the summary of ruling:

The court framed the issue  for determination as whether or not respondents can be compelled to give evidence.

Court holds that Witness statement does not constitute evidence until the witness enters the box and takes the oath to indicate reliance on it.

Depositions in affidavit in opposition to interrogatories cannot make respondent compellable.

No provision in the constitution or statute has been pointed out to show the EC chairperson is subject to different rules contrary to settled rules of procedure and settled practice.

A petitioner’s case stands or fails on the strength of the case not evidence from respondent.

Cases referred to like the Sakande one are distinct from present case.

Court cannot compel a party to give evidence.

Court says there is no such law that empowers it to compel a witness to testify.

Source: Ghana/otecfmghana.com