Election petition: Mahama can't reopen case to cross-examine Jean Mensa – Supreme Court

Emmanuel Tornyi 11:37 - 16 February 2021

John Mahama and some NDC officials at the Supreme Court

The 2020 presidential candidate of the National Democratic Congress (NDC), <a href="https://www.pulse.com.gh/news/politics/election-petition-mahama-files-motion-to-reopen-his-case/43fd5v2">John Mahama</a> cannot reopen his case to subpoena the Chairperson of the Electoral Commission (EC), Jean Mensa in the ongoing election petition hearing to mount the witness box to testify on the conduct of the general elections.

The Supreme Court on Tuesday, February 16, 2020, ruled that the petitioner cannot reopen his case after closing it.

Chief Justice Anin Yeboah quoted several authorities to buttress the court's position on why Mahama cannot reopen the case.

He said: "A mere filing of a witness statement is not an election to testify...We accordingly refuse that application".

The petitioner's motion comes after the seven-member panel of the Supreme Court dismissed a motion seeking for the EC chairperson to mount the witness box.

Tsatsu Tsikata said "We will now seek your Lordship’s permission to reopen our case in order to issue a subpoena on the chairperson of the EC.

"My Lords, we know that we can issue a subpoena without leave but since we have closed our case on the assumption that she will be (in the witness box)…we intend to file a formal motion."