Refusal of Jean Mensa to testify sets a bad precedent

Former President John Dramani Mahama, has accused the Supreme Court of setting a bad precedent after it ruled that the EC Boss would not testify during its hearing.

Mahama said, Jean Mensa's refusal to testify is in sharp contrast to former EC boss, Dr. Kwadwo Afari Gyan 'willingly' testified in the 2013 election petition filed then NPP candidate, Akufo-Addo.

“Ghanaians were hoping to hear her testify and many are still baffled by the refusal of Mrs. Jean Mensa to be held to account by testifying in this case. Unfortunately, with the unanimous agreements of the Justices of the Supreme court, the vital part of the process to establish the truth and hold Mrs. Mensa accountable, was blocked time and again by a protective cordon and firewall that I’m sure has confounded many Ghanaians.

“The refusal of this Chairperson to testify is in sharp contrast to the readiness with which Dr. Kwadwo Afari Gyan, then Chairman of the Electoral Commission, willingly testified in the 2013 election petition filed by then-candidate Nana Akufo-Addo.

“Speaking as a Ghanaian with no legal training, I believe that the refusal of the Electoral Commission Chairperson to testify in this election petition leaves a very bad precedent for the future,” he said while addressing the media after the apex court dismissed his suit challenging the election results.

In a unanimous ruling on February 11, 2021, the Supreme court said it could not compel the EC Boss to mount the witness box to testify in the election petition.

The court explained that its rules did not give it the power to order parties to call witnesses to adduce evidence if they (parties) chose not to do so.

Despite these explanations by the court, Mr. Mahama disagreed. He believes it is a dent on the country’s democracy.