John Mahama’s legal team in his election petition has filed an application to halt the ongoing case pending a review of the ruling upholding the Electoral Commission (EC) Chairperson’s decision not to testify.
Mr. Mahama’s lawyers maintain that not getting the EC Chairperson, Jean Mensa, to testify “has occasioned a grave miscarriage of justice.”
“The ruling of the Court was in fundamental error in failing to appreciate how the crucial constitutional role of the Chairperson of [EC] necessitated her being called upon to testify,” the application stated.
Mr. Mahama’s legal team earlier on Tuesday failed in its attempt to re-open its case and subpoena, Mrs. Mensa, to testify after the EC lawyers had closed its case last week.
It wanted to treat Mrs. Mensa as a hostile witness because of her non-cooperation.
Mr. Mahama’s application made reference to previous cases like Sumaila BielbieI v. Adamu Daramani insisting that the ruling of the court “was in breach of Articles 19(13) and 296 of the Constitution.”
He also said the court fundamentally erred in putting forward positions that were not what lawyers for EC argued to the Court in respect of their case.
In addition, Mr. Mahama said the Supreme Court infringed the provisions of both Article 19(14) and Article 296 of the Constitution as he argued the Mrs. Mensa must be held accountable.
“Holding [the EC] and, particularly, its Chairperson, accountable for the exercise of powers conferred by the Constitution and statute surely require the Chairperson, as part of judicial oversight of their actions, to be subjected to cross-examination.”
“Particularly in the circumstances of this case where evidence of irregularities, including changing figures of election results at various levels, have been put before the court. Enhancing transparency and credibility in respect of the role of [EC]and its Chairperson are essential to democracy,” he added.