The Supreme Court has in a unanimous decision dismissed former President John Mahama’s motion to reopen his case.
John Dramani Mahama, the petitioner sought to reopen his case to enable his lawyers to subpoena Madam Jean Mensa to appear before the court and testify as a “hostile witness”.
In a ruling delivered by Chief Justice Anin Yeboah said they do not understand why the petitioner wants to treat the EC Chair as a hostile witness.
He went on to explain the meaning of a hostile witness adding the petitioner has not demonstrated that the decision by the witness not to testify has affected his case in any way.
“We accordingly refuse the application and proceed without any hesitation to dismiss it” the Chief Justice further ruled.
The judges also indicated that the petitioner cannot reopen his case with the “sole purpose” of compelling Madam Jean Mensa into the witness box
“…we find no merit or favour in the petitioner’s application to reopen his case for the sole purpose of compelling his adversaries’ intended witness to testify through a subpoena without indicating the sort of evidence he intends to solicit from the said witness and how that evidence is going to help the court in resolving the dispute before us”.
Permission to argue case further
Lead counsel for the petitioner Lawyer Tsatsu Tsikata before the judges gave their ruling had sought to make further argument that reopening their case ‘did not debar the Chairperson of the Electoral Commission from being subpoenaed by petitioner”
A letter dated February 15, 2021, signed by Mr Tony Lithur read: “We respectfully wish to crave the indulgence of your Lordships to hear lead counsel on this matter which came up during the question of Justice Marful-Sau right at the end of the day’s proceedings. This opportunity to address the court on the issue before the ruling that Your Lordships are due to deliver tomorrow on our application will, in our respectful view, advance the interest of justice,”
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