13 Feb SUPREME COURT DECISION ON JEAN MENSAH -THE TRICKIEST EVER By Jacob Osei Yeboah
The decision by the Supreme Court tomorrow to whether allow or disallow the 1st Respondent and Chairperson of EC to be in the witness box is the trickiest decision the SC would have to make concerning the election petition. There is no right or wrong decision.
This is because, either decision is right in its own merit but the consequences for the nation vary.
On one hand, disallowing Jean Mensah from standing in the witness box is legally sound. This is simply because the Petitioner and former President John Mahama has not been able to demonstrate through their presentations so far, the need for the Chairperson to be in the box to answer questions as whatever information they purport to seek from her, is in the public domain. No amount of pressure coming out from the axes of propaganda from NDC and some CSOs can change that fact.
This decision however will leave the nation dealing with a perpetual unwarranted distrust for the EC and SC which is dangerous to our national security. Many are unaware of the legal justifications needed to bring a Respondent into the witness stand and will therefore see this decision as the SC protecting or favoring the EC.
The wise saying of Martin Luther King, “Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity” should be a guide.
On the other hand, the SC can waive away the needed justifications as earlier mentioned and allow Jean Mensah to be in the witness box. This decision is accentuated on common sense and in line with article 125 of 1992 constitution that justice emanates from Ghanaians.
This decision will demonstrate that Man is Not made for laws but Laws are rather made for Man. It will help erase the perceived image that the SC is in bed with the Respondents.
Those who are of the opinion that Mrs. Jean Mensah wants to evade cross-examination should be minded that she is equally an astute lawyer and well-schooled than most in the art of cross examination. She can hold her own if need be.
I do hope Mrs. Jean Mensah’s cross examination will not add up to the mirage of empty hopes the Petitioner continues to present to NDC members since the 9th December, 2020 declaration.
The competence and sincerity of Mrs. Jean Mensah will only be realized when this happens and the ardent propagandists will be exposed.
Our dear Justices, the nation is in your hands on the 11/02/2021, we await your decision and believe you will come to a decision that will strengthen our Electoral System.
The writer was an Independent Presidential candidate in the 2012 and 2016 Ghana Elections