Mrs Mensa was initially cited in the case as witness for the 1st Respondent.
But the respondents after hearing the petitioner’s argument chose not to present their witnesses to testify, claiming the arguments were weak.
A move by the petitioner to have the Supreme Court compel the respondents to present their witnesses for cross-examination was unanimously dismissed on Thursday, February 11.
Not happy with the ruling, the petitioner has filed an application to reopen the case.
In the fresh application, the petitioner has cited the Chair of the EC as its witness.
Lawyer Tsikata claims Mrs Mensa will therefore appear as a “hostile” or “adverse” witness – as in common law jurisdiction – if the application is granted.
He further argued that it will be in the interest of the Chair of the Commission to appear in Court to testify in the case.
“This is a witness who, in fact, has every reason to accept a subpoena and to vindicate herself,” he stated.
For him, she should come forth as a “witness of truth”.
Mrs Mensa has already taken exception to the application of the petitioner to re-open his case.
In an affidavit of opposition filed on Sunday, February 14, she said: “I am advised that even if this Court grants leave for the Petitioner to reopen its case; it ought not cause a subpoena to be issued against me because a subpoena is issued with coercive effect.
“The Honourable Court, having held that I rightly exercised the option of my right not to testify would be overriding its earlier decision to order that i be compelled to testify.”
The Court is yet to take a decision on the matter.
By Emmanuel Kwame Amoh|3news.com|Ghana