Member of the National Democratic Congress (NDC) legal committee Baba Jamal has revealed that the Chairperson of the Electoral Commission Madam Jean Mensa misled them into closing their case.
He revealed on Accra-based Okay Fm that she had promised the court under section 26 of the evidence act which meant she had made a conclusive presumption she would avail herself for cross-examination.
“If someone promised the court under section 26 of the evidence act, in our assumption she has made a conclusive presumption to avail herself in court and answer questions relating to the conduct of the 2020 polls. If at a stage she refuses to make herself available, she must be compelled by the court to come but if the court says it cannot, we must subpoena her. In order to subpoena her, we need to reopen our case”. He revealed.
According to him, it is not possible for President John Dramani Mahama to subpoena the Chairperson of the Electoral Commission if the case is not reopen.
“We closed our case based on the conclusive presumption of the EC chair promising to avail herself for questions. If she never promised to avail herself we would not have closed the case. We closed the case based on her promise”, he added.
Mr. Baba Jamal added that in the interest of clarity in respect of the conduct of the 2020 polls, the EC Chairperson must ensure that she speaks to the figures in order to settle raging the controversy over which figures were used in declaring the winner.