The Supreme Court will today rule on an application by the petitioner, John Dramani Mahama, seeking leave (permission) of the court to reopen his case to enable his lawyers to subpoena Mrs Mensa to appear before the court and testify.

The lead counsel for the petitioner, Mr Tsatsu Tsikata, yesterday urged the court to grant his client the permission to reopen his case in the interest of “substantial justice”.

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However, this was opposed by lawyers for the respondents (the EC and President Nana Addo Dankwa Akufo-Addo), who argued that the application was an attempt by the petitioner to force the EC Chairperson to enter the witness box by all possible means, even after the court had upheld her decision not to testify.

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.

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.

With reference to common law, Mr Amenuvor said as far back as 1876 “no such attempt has ever been made. This is an abuse of the court processes.”