The Supreme Court will today, February 15, 2021, hear the application filed by lawyers for petitioner John Dramani Mahama to reopen his case and formally subpoena the Electoral Commission (EC) Chair, Jean Mensa in order to cross-examine her.
The apex court in a unanimous decision on Thursday, February 11, upheld a joint application by the 1st and 2nd Respondents not to call their witnesses.
Chief Justice Kwasi Anin-Yeboah who read the ruling said the apex court does not wish to extend its mandate beyond those allowed by law.
This according to him is because the court has no say in whether a party should testify or not and cannot compel a witness to mount the witness box.
But the petitioner filed a motion to reopen his case and subpoena the EC Chair.
Meanwhile, the EC has filed an affidavit in opposition to the motion filed.
According to her, at no point did she ever indicated a desire to testify in the ongoing hearing.
“At no time have I informed the petitioner or his lawyers of my desire to testify in this case”, the affidavit states.
She said even if the court should grant the request for the case to be reopened, it should not order her to testify since such a decision will defeat its earlier ruling that she cannot be compelled to testify.