The National Communications Director of National Democratic Congress (NDC), Lawyer Sammy Gyamfi has taken to social media to indicate the reason why the Petitioner in the ongoing Election Petition case, Mr. John Dramani Mahama closed his case.
According to the outspoken communication officer, the Petitioner closed his case on the basis that Chairperson of Electoral Commission (EC) Mrs. Jean Mensa was going to mount the witness box and testify after indicating in her affidavit that the EC is ready to call witnesses to be cross-examined.
However, the legal teams of the Respondents insisted there is no rule of court that obliges them to call witnesses.
The Supreme Court on Thursday, February 11, 2021 overruled the objection raised by Lead Counsel of the petitioner Mr. Tsatsu Tsikata against the decision of lawyers of the two Respondents, President Nana Addo Dankwa Akufo-Addo and the Electoral Commission not to call their witnesses.
After the ruling, Lawyer Sammy Gyamfi took to his Facebook page and indicated that the Petition has the right to ask the court for leave to re-open his case and use the subpoena route since Mrs. Jean Mensa has refused to mount the witness box.
With the subpoena, the Petitioner is seeking an order issued by the court that requires Mrs. Jean to mount the box and testify.
“The Petitioner closed his case on the basis of the clear indication that Jean Mensa was going to testify. If, despite filing a witness statement and what is in her affidavits, she now says she is not testifying and the Court says that’s okay, the Petitioner is entirely within his rights to ask the court for leave to re-open his case and use the subpoena route.”
The case has been adjourned to Thursday, February 18, 2021, for the Petitioner to highlight his presentation for the court’s judgment on a later date.