The Supreme Court of Ghana has ruled that the Electoral Commissions’ chairperson, Jean Mensa, will not be made to mount the witness box to testify as requested by the legal counsel of the Petitioner, John Dramani Mahama, in the ongoing presidential election petition.
In a unanimous decision by the Supreme Court today, February 11, 2020, it threw out the request on basis that they cannot force her to do so.
“The law is therefore settled that the party of the respondent will not be made to mount the witness box to testify in support of his or her case. It is a risk tactic knowing perfectly well that the court will be left with no option than to be made to proceed with the available evidence before it. The counsel for the petition has strongly suggested to us that, we should not apply the society of law case.
“Simply put, we will not convince and we will not rule to the invitation being extended to us by the counsel of the petitioner for the respondent to enter the witness box to be cross-examined. We hereby resolute the request by the counsel of the petitioner against the respondent declining to adduce evidence in this petition”
Chief Justice Anin Yeboah who read out the detailed ruling of the seven-member panel disclosed that, many authorities disapproved some of the legal authorities cited by the Petitioners lawyer.
The court was of the view that there was no law that forces the court to subject a witness to testify against his or her will. The court said it cannot extend its mandate beyond what the law mandates them to do, so therefore, cannot employ societies’ laws to subject the witness to testify.
“Such a witness cannot be forced to mount the witness box in the court. As a result, she suffers the evidence being expunged.”
Also, the court held that filing the witness statement does not mean the Electoral Commission must bring forth its witness because the statement is yet to be taken as evidence.
The Supreme Court has adjourned the next hearing to February 18, 2021 and has also ordered the respondents to file their addresses for the closure of their case by February 17.
Prior to the ruling, Oscar Asante Nnuro, private legal practitioner intimated that if the Electoral Commission Chairperson, Jean Mensa agrees to enter the box or the court orders for her to testify, it will be of great benefit to the country and the election petition process.
Sharing his thoughts on the issue prior to the court’s decision, he averred that since the chairperson is in an important jurisdiction which is of concern to the nation, it will be right if she accounts for her work.
He however iterated the fact that, the first respondent [Jean Mensa] in the ongoing election petition cannot be forced against her will to testify as her legal counsel had already communicated.
“Now when you take the case of the respondent, they are saying that you cannot compel a witness in a case if for anything at all, it can be determined on the merit rather than allowing their witness to mount the box in the apex court.”
