We have the option to subpoena Jean Mensa to testify – Tsatsu Tsikata
Lead Counsel for John Mahama in the ongoing election petition, Tsatsu Tsikata, has hinted that Jean Mensa could be subpoenaed if she refuses to testify in court.
He made this known on Tuesday, February 9, 2021, while arguing why the Supreme Court must make the EC Chair mount the witness box.
A subpoena is a writ issued to compel testimony by a witness or production of evidence under a penalty for failure.
This comes after lawyer of the EC, Justin Amenuvor, informed the Supreme Court that he was no longer interested in presenting a witness in the case.
“It is our case that we would not wish to lead any further evidence, and therefore we are praying that this matter proceeds under order 36 rule 43 and C.I. 87 rule 3 (5) and we hereby on that basis, close our case,”he told the Supreme Court yesterday.
Mr. Amenuvor’s stance was backed by lawyers from President Akufo-Addo, who also held that there weren’t going to present a witness anymore.
Meanwhile, Mr. Tsikata had argued on Monday that Jean Mensa was deliberately trying to evade cross-examination.
According to him, the request by the counsel for the Respondent was not in line with Order 36 Rule 43 and CI 87 rule 3 (e) 5 as stated.
“It is our respectful submission that counsel for the first respondent that not have it opened to him to take the course that he just proposed to this court. Order 36 Rule 4(3) that he referred to, specifically says: ‘Where the defendant elects not to adduce evidence’. In this proceedings, the defendant has put in a witness statement,'” Tsikata argued.
“The election that they made to submit the witness statement to the court, is a clear a clear indication that they made an election to the contrary because My Lords, in these proceedings, at the point of case management, Your Lordships basically asked questions from all parties as regards witnesses being called and it is at the point of case management where such an election is notified to the court.
“At that point, they elected to submit a witness statement. Now, that witness statement is not yet in evidence; that is true, but this is referring to an election; the point of election came at the point of the case management and we are respectfully submitting that this witness cannot run away from cross-examination when they have elected,” he added.
The Supreme Court is expected to make a declaration on the matter today.
Source: Pulse Ghana