The witness for the Electoral Commission (EC) in the 2020 presidential election petition (EC), Mrs Jean Mensa, who is also the Chairperson of the EC, will not give any evidence, lawyers for the EC have indicated to the Supreme Court.
The announcement by the lead counsel for the EC, Mr Justin Amenuvor came as a surprise to many.
If the application is granted, Jean Mensa and Marc Manu were supposed to mount the witness box today but agreement are not made by the Justices yet.
Tsatsu Tsikata has also noted that the EC Chair has a constitutional duty to give accounts of what she has done in the conduct of her responsibility.
According to professor Kwaku Azar, who is a legal practitioner in Ghana, the standard for evaluating this kind of motion is whether the petitioner has failed to establish a prima facie case in support of the believe that they seek and therefore not require to prove every element of their case
According to Article 64, the returning officer is not just a necessary and a material party but a more important. The returning officer is the only one who can provide with definitive evidence that at the end of the day, rebuts the petitioner’s claim.
The returning officer performs a public function and has the cost to answer questions from the petitioner for all parties and the entire country to remove all stains of doubts surrounding the 2020 election outcome.
This means that Jean Mensah is a necessary tool to clear any doubt about the election outcome