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Jean Mensa’s ‘refusal’ to testify is a perversion of justice – Tsatsu Tsikata

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Counsel for the NDC Flagbearer, John Mahama, in the ongoing election petition hearing, has said a decision by lawyers of the 1st respondent in the case to refrain from presenting their witness, to testify is an affront to justice.

Lawyer Tsatsu Tsikata explained to the apex court that the EC chairperson showed readiness for cross-examination when she filed a witness statement and supporting affidavits in response to the petitioner.

He argued that the objection for Jean Mensa to mount the witness box for cross-examination “is not only an affront to justice but is not in accordance with the rules of the court.”

“By filing its witness statement, the first respondent has clearly crossed the bridge as far as opening up the witness (Jean Mensa) for cross-examining is concerned,” he told the court.

The counsel added that she cannot rescind her decision now unless there is a good reason for her to do so.

“The EC should be openly put to this court and the court may have the power to disallow this change. She has made representations to this court and other parties in this case.

“She has made her representations in all affidavits filed and she cannot now resign from those representations unless there is good reason,” Mr. Tsikata told the court.

Meanwhile, the apex court will, on February 11, 2021, decide on the fate of 1st respondent; the Electoral Commission Chair, and whether or not she should mount the witness box.

This followed arguments by the parties involved on why the court should dismiss the motion by the respondents or grant the Petitioner a request to cross-examine witnesses for the respondents.

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