Tsatsu Tsikata to file double applications for review, subpoena over SC’s no cross-examination ruling

Tsatsu Tsikata to file double applications for review, subpoena over SC’s no cross-examination ruling

Lawyers for the Petitioner in the 2020 Election Petition have served notice to file two applications – review and subpoena – over Supreme Court’s ruling on the decision by the two Respondents not to open their case.

The apex court on Thursday said nobody can compel the First Respondent, Electoral Commission, and the Second Respondent, Nana Addo Dankwa Akufo-Addo to call their witnesses despite filing their Witness Statements.

Related: Supreme Court blesses Jean Mensa’s escape from Tsatsu’s cross-examination

Citing Order 38 rule 3 of C.I. 87, Supreme Court said that even though the Respondents had filed their Witness Statements they could not be compelled to open their case.

But lead counsel for the Petitioner, Tsatsu Tsikata has said they will file two applications for a review of the court’s decision and another for a subpoena and reopening of their case.

Lawyers for the Petitioner have declared their intention to subpoena the Chairperson of the Electoral Commission, Jean Adukwei Mensa to clarify matters concerning the alleged conflicting election results announced.

A subpoena is an instrument which is issued by the court to summon an individual to appear in court either to testify or produce a document that is in possession of that person.

The Court Act, 1993 (Act 459) as amended in Section 58 makes provision for the court to summon a witness either on its own or on an application by a party to a suit.

The Section states that: “In any proceedings, and at any stage of the proceedings, a court either on its own motion or on the application of any party, may summon any person to attend to give evidence or to produce any document in his possession or excerpts from it subject to any enactment or rule of law.”

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