Spokesperson for the 2nd Respondent in the ongoing election petition, Kojo Oppong Nkrumah has reiterated calls for the petitioner to summon the Electoral Commission Chair to the Public Accounts Committee or any Parliamentary inquiry if it wants accountability.
His statement follows another failed attempt by the petitioner to get Jean Mensah to mount the witness box after the Supreme Court ruled that the respondents and their witnesses cannot be compelled by the Court to testify.
The Court explained that the depositions in affidavits with regards to the interrogatories do not mean the witness can be compelled.
And that no provision in the constitution or statute has been pointed out to show the EC chairperson can be subjected to different rules contrary to established rules of procedure and settled practice.
Speaking at a press briefing after the ruling, the Member of Parliament for Ofoase Ayirebi said despite arguments by the Petitioner that the EC is a constitutional creature and thus must be held accountable, the court is not the venue for such accountability.
He said, “even if you want accountability, let’s all go to parliament whether it's Public Accounts Committee or a parliamentary enquiry or something, but when you come and you apply to the court under some specific rules, you don’t fail to meet that standard and then resort to that general argument.”
“The court has said something about it and I think we need to take note of it. It says that the fact that she holds a constitutional office and that there’s a constitutional responsibility involved does not mean that a different set of rules must be made up.”
He added that “it is very significant, that the fact that she holds a constitutional office and that there are constitutional responsibility questions that are being raised, that does not mean that a different set of rules should be made up".
The apex court has ordered the respondents to file their addresses for the closure of their case by February 17.
Meanwhile, the petitioners have indicated that they will subpoena Jean Mensa to testify in court.
Hearing has been adjourned to February, 18 2021.
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