Jean Mensa Cannot Be Forced To Mount Witness Box - Supreme Court

The Supreme Court has said that the Chairperson of the Electoral Commission, Mrs. Jean Mensa and Campaign Director of the NPP in last year’s elections Peter Mac Manu cannot be compelled to mount the witness box to be cross examined in the ongoing 2020 election petition hearing. The apex court said this on Thursday, February 11 when delivering its ruling on whether or not Mrs Jean Adukwei Mensa should mount the witness box to be

cross examined. During proceedings on the Tuesday, February 9, lawyers for the 1st and 2nd respondents, Justin Amenuvor and Akoto Ampaw respectively, told the Court that the petitioner cannot compel them to elect witnesses to appear in the witness box. During legal arguments on a move by the respondents not to testify in the case, Mr Akoto Ampaw told the Court, The petitioner cannot compel us to enter the witness box to

adduce evidence. He added, The petitioner has adduced evidence and closed his case. We have taken position that in our assessment, they have not discharged the burden of proof and the burden of producing evidence and therefore, we will not give further evidence and the Court will determine the case on the evidence before it. Lawyers for the two respondents on Monday, February 8 moved to close their cases without all their witnesses

being cross examined. This was after Counsel for the petitioner Tsatsu Tsikata closed his case. Mr Tsikata for his part, told the court during the legal arguments that the chair of the 1st Respondent, Jean Mensa, cannot skip cross examination. He also argued that by filing a witness statement, the 1st Respondent has opened her up for cross examination. It's our respectful submission that by filing its witness statement the first respondent

has clearly crossed the bridge as far as opening the witness up for cross examination is concerned. That bridge has been crossed, the ship has already been sailed, Tsatsu Tsikata said in his argument to the bench. But the court dismissed his objection on the heels that a witness cannot be compelled to mount the witness box. Meanwhile, Mr Tsikata after the court ruling served notice to re open his case to enable him subpoena Mrs Adukwei Mensa.