Supreme Court upholds application to disallow Jean Mensah, MacManu to mount witness box

A unanimous decision by the Supreme Court has upheld the application by the 1st and 2nd Respondents to not call any witnesses in the ongoing election petition hearing.

The ruling by the highest court of the land tags along the verbal compelling arguments made by the counsels for the Electoral Commission and the 2nd respondent, President Nana Akufo-Addo, that their clients should not be compelled to testify. 

This ruling conforms to a long standing procedure in matters of legal argument of which a court cannot compel a witness to adduce evidence to an ongoing matter in litigation. 

The reason the 1st and 2nd respondents refused to call their witnesses to adduce evidence is that the petitioner, upon the testimony of their 3 witnesses have not been able to prove to them that they have a case to which they have to respond to. 

They then urged the court to rely on the testimonies of the petitioner’s witnesses to advance judgement on the election petition case.

Though counsel for the petitioner put up an argument to have the court compel the witnesses of the 1st and 2nd respondents to adduce evidence, the Judges of the Supreme Court unanimously dismissed the request saying that the court cannot do that because it is a cardinal rule in the legal jurisdiction. 

As a result of this ruling, the counsel for the petitioner is seeking to apply for leave of the court to reopen their case in order to have the permission to subpoena the chairperson of the 1st respondent to adduce evidence to their petition. 

The counsels are expected to file their closing statement on the 18th of this month. Meanwhile, Counsel for the petitioner, Lawyer Tsatsu Tsikata will be filing an application for the consideration of the court on whether or not to reopen their case.