According to a Private legal practitioner, Nii Kpakpo Samoa Addo, if the Supreme Court refuses Mahama to issue the subpoena, there will no point in pursuing the case any further.

His comments come after Mahama filed a motion to reopen his case in order to be able to subpoena Jean Mensa to mount the witness box to testify on the general elections.

Jean Mensa

The petitioner’s motion comes after the seven-member panel of Apex court hearing the election petition headed by the Chief Justice Kwesi Anin-Yeboah dismissed a motion seeking for the EC chairperson to mount the witness box.

Tsatsu Tsikata said “We will now seek your Lordship’s permission to reopen our case in order to issue a subpoena on the chairperson of the EC.

“My Lords, we know that we can issue a subpoena without leave but since we have closed our case on the assumption that she will be (in the witness box)…we intend to file a formal motion.”

The Chief Justice responded to Tsikata to file a formal motion on the issue.

“Counsel it is a court of record, so like you have rightfully pointed out, you come with a formal motion, you will be heard,” he said.

However, Nii Kpakpo Samoa Addo said he “will be surprised if the petitioner actually sees this case to the end.”

Speaking on Citi TV, he said “The one against whom the allegation was made is the sole returning officer in this election. She is the only one who can answer to the specific allegations that have been made against her.”

He cautioned that Jean Mensa escaping testimony could harm the stability of future elections in the country.

“If the Electoral Commissioner is not accountable in a court process in respect of how she conducted herself… then basically what you are saying that in an election in the future, all issues are settled in the polling stations,” he said.