Mr Bobby Banson, a private legal practitioner has intimated that, the Chairperson of the Electoral Commission, Jean Mensa, who is also the first respondent in the ongoing presidential election petition, could have been made to testify in court if she was not directly involved in the petition as a party.
Speaking in an interview on an Accra based television station, he said since she was a party in the petition, there was no way she could have been forced to enter the witness box to testify but the situation could have been otherwise, if she was not involved.
“Because the Electoral Commission represented by Jean Mensah, is the returning officer of the presidential polls, then by the extension she is or her institution is a necessary body to be asked to testify. If she is the party then you may not have any other means of coercing her to come to the box.
“Because the respondent is a party to this petition, there is no law that could allow …. force them to testify. If the Electoral Commission was not a party, then she could have been seen as an express evidence, because that person is not part of the petition and could have been made to testify.”Bobby Banson
His comment comes on the back of the court in yesterday’s ruling dismissing once again the application filed by the petitioner to reopen the case before the final judgement is passed.
Mr Banson speaking on if there was any other mechanism the petitioner could have adopted and used to make her testify, he averred that, it seemed the petitioner in the ongoing presidential election petition might have gone into the petition with the strategy hinged on getting the Electoral Commission Chairperson, Jean Mensa, to testify in court and as such has resulted in the current situation in which he finds himself.
“…And since that did not happen, it seems like they may not have thought through their strategy very well.”Bobby Banson
The Supreme Court for the third time yesterday, unanimously dismissed a review application filed by the petitioner in the on-going election petition.
This particular review was for the petitioner, John Dramani Mahama, to re-open his case and subpoena the EC boss Jean Mensa in the ongoing election petition.
The nine-member panel presided over by the Chief Justice Anin Yeboah in a detailed ruling said there was no legal basis and merit for the review application to be granted.
He reminded counsel for the petitioner, Tsatsu Tsikata, that an application for review are not grounds to re-argue their case.
In its ruling, the court also said the panel was restrained by its mandate to administer justice in accordance with the law and accepted practice.
The court also reiterated the fact that, the depositions filed was done by the Electoral Commission, who is a party in the case and not the EC Chairperson Jean Mensa in her capacity, so the petitioner cannot compel the EC boss to testify.
The Supreme Court then set March 4, 2021, to give its final judgement on the petition hearing.