Naagyei 90.3 Fm Agyapa
The supreme Court has dismissed former President John Mahama’s application to reopen his case in the matter of the December 2020 Presidential election petition.
The Chief Justice, Kwasi Anin- Yeboah in his ruling said the petitioner has not demonstrated that the decision by the witness not to testify has affected his case in anyway.
The Chief Justice held that Section 26 of the Evidence Act is not applicable in this case.
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.
