The continuous push by the petitioner and his counsel to get the Electoral commission Chairperson, Mrs. Jane Adukwei Mensah to step into the witness box is indicative of one thing and one thing only;- the life of the petition is dependent on her testimony and more especially, her being cross-examined.
Anything short of cross-examining Jane Mensah might lead to a dead end for the petitioner, respectfully.
A leading member of the governing New Patriotic Party (NPP), Gabby Asare okyere Darko, a few days ago stated that, Counsel for the 1st respondent had outsmarted Tsatsu Tsikata just by refusing to put his client into the witness box.
Gabby's statement is proving to be true as the incessant demand by Tsatsu Tsikata to cross-examine the EC chairperson is becoming an obsession.
The refusal of the EC chairperson to testify hit the petitioner by surprise. Even the court did not anticipate that move as stated by the chief Justice who had to pause proceedings and ask the bar to return the next day to address the court.
The strategy as announced by Justin Amenevor, counsel for the EC is a technical one, and it seems it has successfully knocked out the petitioner.
From the evidence put forth before the Supreme Court so far, and the subsequent cross-examination of the petitioner's witnesses, it is apparent that, the petitioner is seeking to use the opportunity of cross-examination of the EC chair to fill in the gaps and straighten his case. This will be used to further drive home his evidence of unconstitutional declaration.
The crux of the petitioner's case is that, the declaration as announced by Jane Mensah and the associated commentaries made with the declaration were not true. This could only be proven when they subject Jane Mensah to the exercise of cross-examination.
Now, the petitioner has failed in two attempts. The objection of her refusal to mount the witness box and the service of a subpoena have all failed.
It is not clear if there are any other legal door or tool available to drag Jane Mensah into the box.
If it is available, definitely the petitioner will explore, if not, the status quo remains and the technical and strategic move by the respondent will triumph.
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