Mahama Files Motion To Reopen Case, Review Of Ruling Allowing Jean Mensa Evade Cross-Examination

The legal team of former President Mahama today filed a motion on notice to have his election petition case, which he had closed on Monday, re-opened.

In the motion, he explains that this is to enable him apply for the court to subpoena Jean Adukwei Mensa, the Electoral Commission Chairperson, whose controversial declaration of Akufo-Addo as winner of the 2020 election, led to the petition.

Jean Mensa and her Lawyers played a fast one on everybody when they announced that she will not be mounting the witness box to give evidence.

Mr. Mahama underscores that his application to serve interrogatories to the same Jean Mensa had been dismissed by the Anin Yeboah Chaired Supreme Court panel because Jean Mensa had give then excuse that the issues raised in the interrogatories would be answered to during her cross examination.

Former President Mahama points out that Jean Mensa’s about-turn declaration that she would  no longer mount the witness box has been shocking, asking the court to allow him to reopen his case so that Jean Mensa can be treated as hostile witness.

Mr. Mahama and his team made the point that since Jean Mensa is the one who declared the controversial election results that supposedly elected Akufo-Addo as President, it would be unfair to not let her answer for her actions.

Also, the Mahama team led by Lawyer Tsatsu Tsikata, has served notice it will file for Judicial review of the apex court’s decision to allow Jean Mensa to evade cross-examination.

The Court had ruled it could not compel the EC boss to give evidence if she is not willing to. 

It had also agreed with Lawyers for the EC and lawyers for President Akufo-Addo that the demand by Mr. Mahama’s lawyers for Jean Mensa to mount the witness box is an attempt to try to induce evidence from her, on whom the burden of proof does not lie.

This is in spite of the fact that Jean Mensa had earlier agreed to give evidence.

The EC boss is believed to be running away from mounting the witness box because of very serious potential questions she would face, including the need to explain how her mother, attended Akufo-Addo’s victory party after she had declared the controversial results for the President.

Her mother has since been one of the many party attendees who got infected with the coronavirus and had reportedly been admitted at the Intensive Care Unit of the University of Ghana Medical Center.