“The burden of a proof of a case in court does not reside with the witness(es) of an opponent” should be enough justification to guide and sensitize the Petitioner that their insatiable thirst to subpoena the Chairperson of the Electoral Commission (EC), Mrs. Jean Adukwei Mensa would be another fruitless venture to better their petition even if the Supreme Court upholds their application.

The Petitioner has resorted to subpoenaing the Chairperson of the EC after their application to reject the decision of the 1st and 2nd Respondents not to call their witnesses; Mrs. Jean Mensah, Chairperson of the EC and Mr. Peter Mac Manu, 2020 Elections Campaign Manager of the NPP to mount the witness box and testify, failed.

Subpoena is a writ issued by court authority to compel the attendance of a witness at a judicial proceeding; disobedience may be punishable as a contempt of court

The insistence of the Petitioner to force the Chairperson of the EC into the witness box is a vivid indication that the statements of their witnesses were empty, and their entire allegations and petition were just deceptions to befool the NDC supporters as well as the naive and unsuspecting section of society.

It is glaring that the petition of the Petitioner in court is speedily drowning and would need a last straw to grab on, of which they perceive it to be Mrs Jean Mensah in this case. But what their legal ingenuity and analysis failed with regard to court proceedings is that the Court can not force a witness to talk even if he/she mounts a witness box. Meaning, assuming without admitting the Court upholds the application by the Petitioner to subpoena Mrs. Jean Mensah, she can still not be forced to talk or answer questions posed to her in the witness box, and as a result, makes her not the best option to strengthen their case as the last strap.

The best bet of the Petitioner is not the Chairperson of the EC but rather Former President John Dramani Mahama because he is the brain behind all the allegations and petition. He as a result understands the petition better and can present more convincing and solid testimonies for the strengthening of the case than any who has interest in the case.

It would therefore be prudent, gratifying and proper for the Petitioner to present Former President John Dramani Mahama as witness to strengthen and further the advancement of their petition.

In the ongoing 2020 Presidential Elections Petition filed on Wednesday, December 30, 2020 to challenge the outcome of the Monday, December 7, 2020 Presidential elections at the Supreme Court (SC), John Dramani Mahama is the Petitioner, the Electoral Commission is the First (1st) Respondent and Nana Addo Dankwa Akufo-Addo is the Second (2nd) Respondent.

Hhhmm, May God be praised always

Member, Critical Thinkers International (CTI)

Nana Kwadwo Akwaa
([email protected])

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