Such a move will inform the public of the checks and balances that govern polls in the country.
When the EC Chair is made to mount the witness box, Ghana will get to know what the system is, the checks, and balances, and the operations that go on in the strong room. By all intent and purposes, cross-examination of the EC Chair will be useful but the EC Chair will also be cautious not to reveal its deficiencies to the world. That’s the dilemma we find ourselves in.
There were earlier attempts by the first respondent's (Electoral Commission) counsel to prevent its chairperson, Jean Mensa from mounting the dock to be cross-examined in the ongoing election petition.
Lawyer for the EC, Justin Amenuvor, on Monday, February 8, 2021, said his side is no longer interested in calling any witnesses in the matter.
Akoto Ampaw, the lead counsel for President Nana Addo Dankwa Akufo-Addo, the second respondent, also took a similar stance.
However, the lead counsel for the petitioner opposed the arguments adduced by the first respondent for deciding against calling a witness.
Tsatsu Tsikata argued that: "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."
"The election that they made to submit the witness statement to the court, is 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 the 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 argued.
However, Tsatsu Tsikata has hinted that Jean Mensa could be subpoenaed if she refuses to testify in court.
One may ask why should Jean Mensa be subpoenaed to testify.?
A subpoena or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure.
A subpoena is a formal written order issued by a court that requires a person to appear in court and testify or produce documents.
A subpoena cannot be ignored as it is a court order. Failure to respond to a subpoena may be punishable as contempt of court.
Contempt occurs when you knowingly fail to produce papers or documents requested, or otherwise fail to obey the terms of a subpoena and, thereby, hinder the judicial process.
You can use a subpoena to require a person to come to court, go to a deposition, or give documents or evidence to you. You must serve the subpoena on the person.
Sometimes, a witness will not testify in court willingly. You can subpoena the witness, which requires them to come to court.
You can also use a subpoena during discovery. Discovery happens before trial.
It lets both sides find information and evidence to prepare for their case. During discovery, you can subpoena a person to come to the deposition and answer questions.
You can also get evidence from a person or institution that is not a party to the lawsuit.
When you go to court, one should bring the subpoena, as well as any documents or other items that are listed in the subpoena or that the lawyers have asked you to bring.
If one needs some of the documents, you can make copies of them as it may be a long time before the originals are returned.