A spokesperson for the lawyers of the petitioner in the ongoing election petition hearing Dr. Dominic Ayine has said they are seeking to subpoena the chair of the Electoral Commission (EC) Jean Mensa for her to explain how figures were changed in the presidential election results.
He told journalists after court proceedings on Monday, February 15 that “The subpoena that we are seeking to issue is in pursuit for the truth. We want Ghanaians to know how 51.598 became 50.0 8. Ghanaians have a constitutional right to know.”
Dr. Ayine further said that he is not optimistic the petitioner will get a favorable ruling from the bench as to whether or not they can reopen their case.
When asked by TV3’s Thomas Adotei Pappoe during the media engagement the former Deputy Attorney General said “If what has gone on before is anything to go by I am not very optimistic. I am disappointed that the court may not give me a reason to be very optimistic.
“However, when it comes to whether or not we have led a sufficient evidence the fact is that we led evidence to show there were infractions and you witnessed the fact that we led evidence showing that there had been vote padding and they themselves admitted that there had been vote padding.”
During proceedings on Monday, Lead Counsel for the petitioner in the ongoing Presidential election petition hearing, Tsatsu Tsikata told the Supreme Court that there is sufficient basis to grant the request to subpoena the chairperson of the 1st Respondent, Jean Adukwei Mensa to testify in the case.
Mr. Tsikata had argued in court on Monday, February 15 that, the affidavit of the 1st Respondent indicated that she was going to testify, a proposition that resulted in the earlier decision of the petitioner to close his case for that to happen.
“We had the expectation that the chairperson of the 1st Respondent will testify” hence the closure of the case.
“The Chairperson of the 1st Respondent has an affidavit made clear that the petitioner will in no way be prejudiced because the questions that the petitioner sought to have in interrogatories those will be subject matter in cross-examination,” Mr. Tsikata told the court.
He added, “There is a sufficient basis from the circumstances that arose on 9th of February when we close our case and when there was an expectation that the choir of the 1st respondent will actually come and testify.”
Counsel for the 1st Respondent, Mr. Justin Amenuvor for his part told the Supreme Court on Monday, February 15, that the petitioner’s application to reopen his case is an abuse of the court processes.
Mr. Amenuvor told the court that extensive research he conducted so far on reopening of cases, points that since the common-law emerged in Ghana as far back as 1876 no such attempt has ever been made.
This is “an abuse of the court processes,” he said.