Former Member of Parliament for Madina, Alhaji Amadu Bukari Sorogho has expressed disappointment in the Supreme Court for dismissing a motion brought before it by former president John Mahama.
The apex court on Tuesday rejected the petitioner’s motion to reopen his case in order to subpoena the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa, to testify in the 2020 election petition as a hostile witness.
In a unanimous ruling the seven-member panel of the ruled that former President Mahama (the petitioner) could not provide any legal basis to justify his attempt to reopen his case to enable him subpoena the Chairperson of the EC.
Chief Justice Kwasi Anin-Yeboah who read the ruling said the petitioner did not indicate how the evidence he intends to solicit from the EC Chairperson will help to determine the case, and explained that the EC Chairperson is not on trial and cannot be asked to vindicate herself.
Many legal minds have criticised the ruling, saying the EC Boss ought not to be shielded like a private citizen.
Sorogho who was speaking on Morning Update on TV XYZ held a similar view and pointed out that the court of public opinion indicates that most people are beginning to lose trust in the judicial system because of the trajectory of the Supreme Court proceedings.
He fears citizens might soon take the laws into their own hands rather than seeking redress in courts since their trust in the judicial processes of the country is dwindling.
“Immediately the populace start to lose trust in the democratic process, any other thing can come, there can be civil disobedience… people will no longer respect the court,” he told host Eric Ahianyo. “Majority of Ghanaians including NPP people.”
He continued, “When you go to various social media platforms, various legal minds have disagreed with the ruling…This results have been declared six times…if you take the gazetted results and do the tabulation, Nana did not get fifty percent.”
He also argued that the court should have allowed the petitioner’s counsel to cross examine the EC boss on how she arrived at the gazetted 2020 electoral results.
Alhaji Sorogho said the Chief Justice indicated during his vetting invoked the 1992 constitution that any person that contests in a presidential election and fails to get fifty percent plus one vote can’t become a president in Ghana.
“He [Justice Anin-Yeboah] said one thing which will always stand. He said look, nobody can be called a president if you don’t get 50 plus 1 [in every presidential election]…That was when he was being vetted…and now the same thing has come. we are saying Nana Akufo-Addo did not get this,” stated Sorogho who wants the Justices of the Supreme Court to allow the EC Boss to testify.
To him, the Justices should be interested in the integrity of the EC and future elections and allow Jean Mensa, adding it is in the interest of the country.