Election Petition: John Mahama closes case, Jean Mensa won’t testify

Former President John Dramani Mahama on Monday 8 February 2021 closed his case in the Election 2020 petition hearing after calling three witnesses in support of his petition.

His witnesses were Johnson Asiedu Nketiah, the General Secretary of the National Democratic Congress (NDC), Michael Kpessa-Whyte, and Joseph Robert Mettle-Nunoo, his two representatives at the National Collation Centre of the Electoral Commission (EC) during the 7 December election.

First respondent

It was expected that the first respondent in the case (Electoral Commission) after the petitioner closed his case, would call its witness, Chairperson of the Electoral Commission, Jean Mensa for her witness statement to be adopted for cross-examination by lawyers of the petitioner and the 2nd respondent to commence.

However, the lawyer for the EC, Justin Amenuvor, announced in court that his client intends to come under Order 36, Rule 4(3) of CI 47, which states that; “Where the defendant elects not to adduce evidence, then, whether or not the defendant has in the course of cross-examination of a witness for the plaintiff or otherwise put in a document, the plaintiff may, after the evidence on behalf of the plaintiff has been given, close the plaintiff’s case and the defendant may then state the case of the defendant”, and will to this end not be calling any witnesses because the petitioner in the view of the EC, has not put up any evidence that has been challenged or defended by the 1st respondent (EC) in the case.

Second respondent

Lawyer for the second respondent, Akoto Ampaw, also indicated that they will also come under the same provision in C. I. 47, and will therefore not be calling their witness, Peter Mac Manu, any longer.

Court’s decision

The seven-member Supreme Court panel in light of the arguments ruled that the petition is adjourned to Tuesday 9 February 2021, to allow the lawyers of the petitioner and the two respondents to make legal arguments over the development.

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