The Supreme Court is expected to rule today, Tuesday, 16 February 2021, on whether or not former President John Mahama, the petitioner in the ongoing election petition, can reopen his case.
Mr Mahama’s lead counsel, Mr Tsatsu Tsikata, argued in court on Monday, 15 February that his side intended using the Chairperson of the Electoral Commission, Mrs Jean Mensa, as a “hostile” or “adverse” witness should the court grant leave for the reopening of the case.
Mr Tsikata also insisted that for the sake of the God Mrs Mensa worships, it was important for her to mount the witness box.
In his counter-arguments against the reopening of the case, Mr Justin Amenuvor, lead counsel for the EC said allowing Mr Tsikata to cross-examine Mrs Mensa as a hostile witness would be an abuse of the legal process.
Also, Mr Akoto Ampaw, the lead counsel for President Nana Akufo-Addo, the second respondent in the case, argued that the party that bore the burden of proof, “as the petitioner does in this matter, must effectively meet that burden of proof”.
Prior to Monday’s hearing, Mrs Mensa, the star witness of the first respondent, the EC, deposed to an affidavit opposing Mr Mahama’s push prayer to the apex court to reopen his case.
He affidavit said the EC “decided that it would not waste time and effort over the tottering case” of Mr Mahama, “hence, my decision not to testify because there was nothing to testify about”.
Mrs Mensa added: “The 1st respondent is opposed to the said application and says that the application is not warranted by any rule of law or procedure and the same should be dismissed by this honourable court”.