The Supreme Court of Ghana has ruled that the witness for the 1st respondent Mrs. Jean Adukwei Mensa cannot be compelled to testify in the 2020 petition brought before it by John Mahama following the 2020 presidential election.
The court ruled that according to law and settled practice of the court, a witness who hasn’t taken the oath to testify can decide at any point not to testify since witness statements aren’t evidence until the witness swears the oath.
Citing various cases and legal authorities, the court said the respondents can choose not to adduce evidence when the petitioner has closed his case.
The court added that he who alleges must prove and that a petitioner must win his case based on the strength of his own evidence and not on the weakness of the case of the respondent.
The supreme court held that the justices have no power to force a party to enter the witness box to adduce evidence as it only acts as an umpire in the case.
Following the decision, Counsel for the petitioner, Lawyer Tsatsu Tsikata told the court he would be applying to reopen his case in order to serve a subpoena on the Chairperson of the 1st respondent, Mrs. Jean Adukwei Mensa.