Tsatsu Tsikata seeks subpoena to compel EC to testify
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Tsatsu Tsikata seeks subpoena to compel EC to testify

Tsatsu Tsikata seeks subpoena to compel EC to testify

Tsatsu Tsikata seeks subpoena to compel EC to testify

Tsatsu Tsikata, the lead counsel of the petitioner, John Dramani Mahama, is seeking to open his case and have the Chairperson of the Electoral Commission, Jean Mensa be cross-examined through a subpoena application.

This follows the dismissal of his objection by the Supreme Court to a decision by the Electoral Commission  and President Nana Addo Dankwa Akufo-Addo, first and second respondent lawyers not to call any witness.

READ ON: We cannot extend our mandate to compel EC to mount the witness box— Supreme Court

Chief Justice Kwasi Anin-Yeboah who read the ruling in court on Thursday, February 11, 2021, said the judges were not convinced by the contrary arguments by Mr Tsikata.

He also said they were given a limited jurisdiction in the Election Petition case and that they did not intend to go beyond that jurisdiction.

“We are minded to state that our jurisdiction invoked in this election petition is a limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under Article 64 (1) challenging the validity of the election of a president.”

READ ALSO: EC cannot be compelled to testify: It’s human rights issue— Supreme Court to Tsikata

“Simply put, we are not convinced, and we will not yield to the invitation being extended to us by counsel for the petitioner to order the respondents to enter the witness box to be cross-examined. Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition,” he added.

Background
Mr Tsikata on Monday closed the election Petition case and was seeking to cross-examine Mrs Jean Mensa, but his hopes were dashed as the respondents refused to open their defence and also closed their cases.

The lead counsel, Mr Justin Amenovor on Monday, February 8, 2021, indicated to the court that the 1st respondent [Electoral Commission] does not intend to call any witness to testify and relied on Order 36 Order sub-rule 4 and 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness.

READ MORE: It should be NDC’s advantage if we don’t intend calling any witness— Oppong Nkrumah

Likewise lead counsel for President Nana Akufo-Addo, Akoto Ampaw also announced that the New Patriotic Party’s 2020 Campaign Manager, Peter Mac Manu would not be taking the witness box for cross-examination.

Mr Ampaw argued that the petitioner has not been able to make a solid case in court hence the decision to close their case.

Mr Tsikata who opposed it accused Mrs Mensa of evading cross-examination and subsequently told the court that they intend to re-open their case.

The court, however, directed the petitioner and the respondents to file their closing statements by February 17, 2021.

Source: www.spotonnews.net

Written by Joyceline Natally Cudjoe

An Entertainment Columnist, Content Writer, Blogger, Novelist, Poet, and a Publicist. For business or story tip off, contact me on +233 24 646 6866 or email: spotonnews.net@gmail.com