The Supreme Court will on Thursday 11 February 2021 determine whether or not the chairperson of the Electoral Commission, Jean Mensa, should be cross-examined in the Election 2020 petition hearing.
It will be recalled that on Monday, the lawyer for the EC, Justin Amenuvor, served notice that he will 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.
According to him, he based his decision on 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”.
When the court reconstituted on Tuesday, counsel for the petitioner, Tsatsu Tsikata, in his address argued that Jean Mensa must be in the witness box at all cost because it is in the interest of justice.
According to him, the position taken by the first respondent is a clear case of evading cross-examination.
Tsikata contended that as the person responsible for the declaration of presidential results, Mensa owes it to Ghanaians to be accounted to them after the 7 December elections.
He noted that the EC chair had in her affidavits given a clear indication that she will be available for cross-examination based on which the court ruled against his application for interrogatories.
The apex court will rule on the issue on Thursday.