Prime News Ghana

Election Petition: Jean Mensa's refusal to testify sets a bad precedence for the future - Mahama

By Mutala Yakubu
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National Democratic Congress' (NDC) Presidential candidate for the 2020 election John Mahama says EC Chairperson Jean Mensa's refusal to testify in the just ended Election Petition only sets a bad precedence.

Mahama who was the petitioner in the just dismissed case spoke to Ghanaians today March 4, 2021, over the verdict.

The Supreme Court after weeks of drama ruled that Jean Adukwei Mensa, cannot be compelled to testify.

READ ALSO: I disagree with the process of trial and ruling of Supreme Court - Mahama

"Speaking as a Ghanaian with no legal training, I believe that Jean Mensa's refusal to testify in this election petition leaves a bad precedent for the future. Anyone who followed the proceedings will not be surprised by the ruling. This current EC has no right to continue in office as they have exhibited high incompetence."

He also said he does not accept the ruling of the Supreme Court

"Our legal team led by Tsatsu Tsikata put together our case which left no room for doubt. Much as I am aware we are legally bound by the decisions of the Supreme Court I disagree with the process of the trial and ruling of the court".

A seven-member of the Supreme Court has today March 4 dismissed former President John Mahama’s suit challenging the 2020 election results.

In reading the judgment on Thursday, March 4, 2020, Chief Justice, Anim Yeboah stated that the petitioner failed to prove his case beyond a reasonable doubt. The Supreme Court panel added that the errors announced by the Electoral Commission Chairperson, Jean Mensa, cannot be used to invalidate the election after those had been corrected.

According to the Supreme Court, the errors announced by Jean Mensa did not adversely affect any of the candidates in the 2020 elections. The Supreme Court also held that the petitioner failed to adduce enough evidence to merit a re-run between Mr Mahama and President Akufo-Addo.

The Chief Justice in reading the judgment described as fanciful the witness statement by the Michael Kpessa-Whyte and Rojo Mettle-Nunoo.

Justice Anim Yeboah said the two witnesses had themselves to blame after abandoning their duty in the strongroom since they were under no obligations to leave when their work in the room was not finished.

Mr Mahama who re-contested the election on the ticket of the National Democratic Congress (NDC), took the Electoral Commission to court, challenging the validity of the Commission’s 9th December 2020 declaration of Nana Addo Dankwa Akufo-Addo as the winner of the poll.

Mr Mahama also contended in his petition that, President Akufo-Addo did not meet the constitutional threshold for election to the high office of the president yet was so declared.

He has been praying the court in the last two months, albeit amidst strong opposition from lawyers for President Akufo-Addo and the Electoral Commission, to nullify the declaration and to cause a re-run between him and President Akufo-Addo.

The issues

1. Whether or not the petition discloses any cause of action – that is if there is any legal grounds for the petition,

2. Whether or not the 2nd Respondent [Nana Addo Dankwa Akufo-Addo] met the Article 63 (3) threshold of the 1992 Constitution – this constitutional provision states that a presidential candidate must obtain more than 50 per cent of the total valid votes cast to be declared as President-elect,

3. Whether or not the 2nd Respondent [Nana Akufo-Addo] still met Article 63(3) of the 1992 threshold by the exclusion or inclusion of the Techiman South constituency presidential election results.

4. Whether or not the declaration by the first respondent (EC) on December 9 of the presidential election conducted on December 7 was in violation of Article 63(3) of the 1992 Constitution,

5. Whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the presidential election results of 2020.