The Supreme Court has dismissed the application by the petitioner in the ongoing election petition to be given the opportunity to reopen his case and subpoena the EC chairperson to testify.
The court held that the application has no merit and the petitioner failed to give indication of the new evidence he wished to bring and how that will help the court to deliver justice and advance the course of the petition.
The Supreme court said the argument by the petitioner asking the court to compel the Chairperson of the EC to be cross-examined to account for her stewardship and also vindicate herself do not hold.
This is because she is not on trial before the court to explain or account for complaints against her. The court held that it is the EC which she heads which has been sued by the petitioner for not performing its Constitutional duty as required by law.
The court said section 26 of the evidence act raised by the counsel for the petitioner is not applicable to this case since the rule does not compel a witness to testify.
A member of the legal team of the petitioner, Dr. Ayine after court proceedings told the media that they wanted Jean Mensah to come and testify as an adverse witness under section 72 of the Courts Act. They are of the view that the court’s ruling is wrong but they are bound by it since is the highest court of the land.
Dr. Ayine said she violated Article 23 of the constitution and for the court to reduce their five issues to a single issue petition is not fair and the decision of the court is predetermined. The court he noted did no good to the people of Ghana and expressed disappointment in the court’s ruling.
Spokesperson for the respondents Kojo Oppong Nkrumah in a rebuttal told the media that it is not fair to the Judicial system and it is scandalous of the court for the petitioner to say that the Supreme Court has reduced the five issues of the petitioner to a single issue. He described it as unfortunate and misleading to the public.
He said the notion of the petitioner that the Supreme Court is shielding the EC chairperson Jean Mensah is incorrect.
The petitioner has however hinted of his intention to file for a review and an application for stay of proceedings. The court has adjourned the case to the 18th of this month.
