POLITICS

Mahama’s application to reopen, subpoena Jean Mensa dismissed

The Supreme Court has, in a unanimous decision, dismissed an application by the 2020 National Democratic Congress presidential candidate that sought leave to reopen his case.

John Dramani Mahama, who is the petitioner, had urged the court to grant his request saying he intends to subpoena Electoral Commission (EC) Chairperson, Mrs Jean Mensa, to testify.

His application follows an earlier ruling by the apex court that it cannot compel a party in a case to adduce evidence if the party does not want to do so.

But arguing his case yesterday, lead counsel for Mr Mahama, Tsatsu Tsikata, said they were taken by surprise when the EC Chairperson opted not to testify after submitting a witness statement, hence the decision to reopen the case and ask for a subpoena.

He insisted that there are also allegations that came up during the cross-examination of their witnesses and these are matters only the EC Chairperson can speak to.

Giving further arguments before the ruling today, Mr Tsikata said he has listed new authorities that will back claims that the Chairperson is an individual and therefore can be subpoenaed.

But this request was opposed by lawyers for the EC and President Nana Akufo-Addo; the 1st and 2nd Respondents in the election petition hearing.

Both sides insisted that the petitioner is simply seeking to use the backdoor to boost a petition he had failed woefully to prove.

The two lawyers further argued that if the quest is to provide new evidence, then Mr Mahama’s team has failed to demonstrate that there is a piece of evidence they can extract from the EC Chairperson with the potential to materially affect how the case is determined.

Backing this stance, Chief Justice Kwasi Anin-Yeboah, who read the ruling, said the petitioner has not indicated how the evidence he intends to solicit from the EC Chairperson will help to determine the case.

Again, the Chief Justice said the petitioner did not decide to close his case just because the EC had filed a witness statement but closed it because he was done with his own argument after the cross-examination of his last witness.

He explained that the discretion to allow a petitioner to reopen a case must not be abused and can only be granted when two grounds have been satisfied.

This includes whether the new evidence will have an influence on the case and if it could have been obtained through due diligence.

Both grounds, he maintained, were not satisfied by the counsel for the petitioner during his oral argument.

The hearing has been adjourned to Wednesday, February 17.

SOURCE: Myjoyonline.com

Ogyem Solomon

Solomon Ogyem – Media Entrepreneur | Journalist | Brand Ambassador Solomon Ogyem is a dynamic Ghanaian journalist and media entrepreneur currently based in South Africa. With a solid foundation in journalism, Solomon is a graduate of the OTEC School of Journalism and Communication Studies in Ghana and Oxbridge Academy in South Africa. He began his career as a reporter at OTEC 102.9 MHz in Kumasi, where he honed his skills in news reporting, community storytelling, and radio broadcasting. His passion for storytelling and dedication to the media industry led him to establish Press MltiMedia Company in South Africa—a growing platform committed to authentic African narratives and multimedia journalism. Solomon is the founder and owner of Thepressradio.com, a news portal focused on delivering credible, timely, and engaging stories across Ghana and Africa. He also owns Press Global Tickets, a service-driven venture in the travel and logistics space, providing reliable ticketing services. In addition to his media ventures, Solomon serves as a Brand Ambassador for Alabuga, a prominent Russian industrial company, representing their interests and expansion across Africa. He previously owned two notable websites—Ghanaweb.mobi and ShowbizAfrica.net—both of which contributed to entertainment and socio-political discussions within Ghana’s digital space. With a diverse background in media, digital journalism, and business, Solomon Ogyem is dedicated to telling impactful African stories, empowering youth through media, and building cross-continental media partnerships.

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