The Supreme Court has ruled that it won’t grant permission to former President John Dramani Mahama for him reopen his case in order to subpoena the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa, to testify in the 2020 election petition.
In a unanimous ruling Tuesday [February 16, 2021], a seven-member panel of the apex court held that former President Mahama (the petitioner) could not provide any legal basis to justify his attempt to reopen his case to enable him subpoena the Chairperson of the EC.
In view of that, the court held that it could not exercise its discretion in favour of the petitioner.
According to the court, the petitioner failed to tell the court the sort of evidence he needed from Mrs Mensa and how that evidence would help in the determination of the petition.
Also, the court held that the argument by lawyers for the petitioner that Mrs Mensa must testify in order to account to the people of Ghana her stewardship during the December 2020 elections was untenable.
It was the considered view of the court that Mrs Mensa was not on trial before the court for her to testify to vindicate herself.
Review
After the ruling, lead counsel for petitioner, Mr Tsatsu Tsikata, informed the court that his client had filed a review of the court’s ruling on February 11, this year, that upheld the EC’s decision not to call witnesses to testify.
Counsel also told the court that his client would file an application for stay of proceedings pending the determination of the review application.
