Supreme Court to rule On Mahama's request to reopen case on Tuesday
Counsel for the petitioner, Tsatsu Tsikata argued that the rules of evidence, makes it compulsory for Mrs Mensa to testify, based on her averments that she will testify.
Jonas Danquah 
The Supreme Court will tomorrow, February 15, make a determination of whether or not John Mahama's legal team should be allowed to re-open its case.
The apex court’s decision comes after the three parties on Monday argued about the petitioner’s decision to re-open its case.
Counsel for the petitioner Tsatsu Tsikata said he was taken by surprise when the respondents (Electoral Commission and Nana Akufo-Addo) announced closure of their case.
He argued that it was essential that the petitioner was allowed to re-open his case in order to subpoena the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa, to testify in the petition.
Mr Tsikata said the petitioner’s team had been assured of the respondent’s witnesses mounting the witness box.
He wants the court to treat the EC Chairperson Jean Mensa as a hostile witness.
He argued that Mrs Mensa in her affidavits before the court made representations that she will make herself available for cross-examination.
The rules of evidence, he said, made it compulsory for Mrs Mensa to testify, based on her averments that she will testify.
The Electoral Commission on the other hand has asked the apex court to dismiss the fresh application to reopen the case.
According to Counsel for the first respondent Justin Amenuvor the application is not warranted by any rule of law or procedure.
The EC Chairperson in her affidavit in opposition to the application, explained that at no point had she informed the petitioner nor his lawyers of her desire to testify in the case.
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Opposing the motion, Mr Amenuvor insisted that the application is not in accordance with the rules of the court.
He said the court is acting with strict timelines to work within the 42 days.
Mr Amenuvor told the court that an extensive research he conducted so far on re-opening of cases, pointed that it was not feasible.
In his submission, Mr Akoto Ampaw, counsel for President Akufo-Addo, the second respondent, argued that the application for leave to re-open his case was a ploy by the petitioner to oppose the EC’s position not to call any witness to testify.
The court, he argued, had already affirmed Mrs Mensa’s right not to testify.
