The Supreme Court has in a unanimous decision ruled that the Chairperson of the Electoral Commission, Jean Mensa and Peter Mac Manu cannot be forced to testify in the Election Petition case.
The apex court made the ruling on Thursday, February 11, 2021, on the back of an application filed by lead counsel for the Electoral Commission, Justine Amenuvor and that of President Akufo-Addo, Akoto Ampaw, asking for permission not to call any witness.
Chief Justice Kwasi Anin-Yeboah who read the ruling said the judges were not convinced by the contrary arguments made by Tsatsu Tsikata, lead counsel for the petitioner.
He also said they were given a limited jurisdiction in the Election Petition case and that they do not intend to go beyond that jurisdiction.
“We are minded to state that our jurisdiction invoked in this election petition is a limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under Article 64 (1) challenging the validity of the election of a president. Simply put, we are not convinced, and we will not yield to the invitation being extended to us by counsel for the petitioner to order the respondents to enter the witness box to be cross-examined. Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition,” he added.
Counsel for the respondents insisted that the evidence put forth by the petitioner, John Dramani Mahama does not meet the burden of proof thereby making it unnecessary to put a witness for a counter case.