The lead lawyer for the Petitioner in the election petition Tsatsu Tsika has indicated he will seek leave of the court to re-open their case to have a subpoena serve on the EC Chairperson to mount the box.
“My Lords, we know that we can issue a subpoena without leave but since we have closed our case on the assumption that she will be (in the witness box)….we intend to file a formal motion,” he told the court following dismissal of his application to have the EC boss to be cross-examined.
Court ruling on cross-examination
The seven-member panel of the Supreme Court has ruled that the Chairperson of the Electoral Commission, Jean Mensa is free not to testify in the ongoing election petition.
The two respondents on Tuesday made the application to the apex court arguing among other reasons that the petitioner had not sufficiently discharged on his obligation to prove the issues raised for determination.
The ruling follows three hours of legal arguments on Tuesday between lawyers for the respondents, Justin Amenuvor and Akoto Ampaw, and the petitioner’s lawyer Tsatsu Tsikata.
The unanimous ruling of the apex court panel of seven chaired by Chief Justice Kwasi Anin Yeboah was that the rules of the Court do not require it to compel the respondent’s witnesses to give evidence when they have waived that rights.
According to the court, the inherent jurisdiction of the court does not require the justices to extend their jurisdiction beyond what the lawyer requires.
The panel which also includes Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Prof Nii Ashie Kotey, Justice Nene Amegartcher. Justice Mariama Owusu and Justice Gertrude Torkornoo rule that, they are not convinced with the invitation from the Petitioner to compel the respondents’ witness in the petition to mount the box.
The application from the respondent was therefore upheld.