EC cannot be compelled to testify: It’s human rights issue— Supreme Court to Tsikata
A female justice at the Supreme Court has told Tsatsu Tsikata, the lead Counsel of the petitioner, John Dramani Mahama that the court cannot compel the Chairperson of the Electoral Commission (EC) to enter the witness boss to be cross examined in the ongoing election Petition hearing.
According to her, the issue borders on human rights and the EC could decide to opt out if she feels like it.
This follows the decision by EC’s lawyer, Justin Amenuvor who after cross examining the third witness of the petitioner, Rojo Mettle-Nunoo and Mr Tsikata’s call for closure of the petitioner’s case on Tuesday indicated that the petitioner has not proven his case and had no case, thus he was seeking to withdraw his witness from testifying.
The Justice who was seeking more clarification as to why Mr Tsikata was opposing EC’s lawyer’s decision asked “so she does not have the right to change her mind from being a witness? This is a human rights issue.”
She further quizzed that “so the court should compel her to enter the witness box?”
Mr Tsikata who opposed the question argued that the interest of justice would be well served by the evidence the first respondent would adduce to the court.
He noted that EC had already sworn an affidavit and presented her witness statement to the court, thus could not rescind on her decision to testify.
According to Mr Tsikata, the EC is not just a mere witness but an institutional body with constitutional mandate to ensure free, transparent and credible elections.
He claimed there were illegalities as well as irregularities that erupted from the elections, adding that the EC kept churning in new results and had to answer questions on how she came about those figures to declare Nana Addo Dankwa Akufo-Addo as the President of the country.
Mr Tsikata said Mrs Mensa vowed to the court that she would not answer to the petitioner’s interrogatories but would be available for cross examination and urged her to walk her talk.