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Jean Mensa must testify because she’s public official – William Nyarko

A journalist and private legal practitioner has urged the Supreme Court to uphold a submission by the petitioner in the ongoing 2020 election petition to cross examine chairperson of the Electoral Commission (EC), Jean Mensa, who is also the first respondent.

Counsel for Mrs Mensa, Justin Amenuvor told the apex court yesterday that his client had decided not to adduce to any evidence despite filing a witness statement.

Premising his argument on Order 36 (4) sub rule 3 of the High Court (Civil Procedure Rule) C.I.47 Amenuvor said it allowed Mrs Mensa to decide not to adduce any evidence.

But that has been objected by former president John Mahama’s (petitioner) lead counsel, Tsatsu Tsikata.

Among other things, Tsikata argued Jean Mensa is a public official and therefore “has a constitutional duty to give account if what she has done in the conduct if her responsibility.”

William Nyarko in a Facebook post also indicated the EC Boss ought to testify.

He believes “Ghana is a democracy and public officers must be held accountable for their official acts.”

“Jean Mensa, the Returning Officer of the 2020 Presidential Election who declared the winner of the election, is a public officer and has a duty and responsibility to account to, We the People, who are the ultimate losers when the official acts of a public officer is alleged to have fallen short of his/her performance,” Nyarko added.

Below is his post;

The Supreme Court of Ghana shouldn’t just apply the black letter rules of the law but also the Spirit of the 1992 Constitution of Ghana in the context of democratic accountability.

Ghana is a democracy and public officers must be held accountable for their official acts. Jean Mensa, the Returning Officer of the 2020 Presidential Election who declared the winner of the election, is a public officer and has a duty and responsibility to account to, We the People, who are the ultimate losers when the official acts of a public officer is alleged to have fallen short of his/her performance.

A Public Officer should not be allowed to use the black letter rules and general principles of law or a human right as a shield to escape accountability.

Lack of accountability leads to impunity. This is not just about Jean Mensa; it is about holding all Public Officers accountable.

I have said my own. You’re welcome to say yours.

 

Source: Myxyzonline.com

 

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