Jean Mensa Shielded from Testifying in 2020 Election Petition – Justice Kweku Gyan

Justice Kwaku Gyan, a former Justice of the Court of Appeal, has slammed the Supreme Court for preventing Election Commission Chairperson Jean Mensa from testifying during the 2020 presidential election petition.

2020 Petition

The petitioners’ attempt to have the EC chair subpoenaed into the witness box was foiled when the Supreme Court unanimously ruled that neither Peter Mac Manu nor the Chairperson could be forced to testify in the Election Petition case. The National Democratic Congress (NDC) and former president John Dramani Mahama filed the petition. John Mahama and the NDC had insisted that the New Patriotic Party, which was in power, had not won the 2020 election. They also desired accountability because they were dissatisfied with the different election results that the electoral administration body had declared. Their efforts, though, were in vain.

The Role of the Judiciary Speech

Justice Kwaku Gyan made this statement on Tuesday, October 24, 2023, at the University of Ghana, during a public lecture with the theme “Protecting Our Democracy: The Role of the Judiciary.” He maintained that every democracy must have a judiciary because of its crucial role in efficient governance. Judge Kwaku Gyan referred to the Apex Court’s ruling as “shameful,” highlighting how it prevented the EC from providing public answers.

Statements

“Article 125 (1) emphasizes that ‘justice emanates from the people and shall be administered in the name of the Republic by the judiciary which shall be independent and subject only to the constitution.’ The import of these stipulations is to underscore the fact that the judiciary and hence judges of our courts are accountable to the people as their servants and not as their masters in the quest to achieve and advance the vision of democratic government and the objective and tangible fruit of democracy in our land.”

“Additionally, and more importantly, the judiciary has the bonding duty to hold all other powers, entities, and agencies of the state accountable and ensure transparency in their actions or deeds, and in this respect, I felt very agonized when the Supreme Court in the 2020 election petition decided to shield the Electoral Commissioner from giving evidence. The Supreme Court in that trial was a constitutional court not just any court adversarial court and the Electoral Commission was the Returning Officer.”

FAQ’s

What was the theme of Justice Kwaku Gyan’s public lecture at the University of Ghana? The theme of Justice Kwaku Gyan’s public lecture at the University of Ghana was “Protecting Our Democracy: The Role of the Judiciary.”
According to Justice Kwaku Gyan, why is the judiciary important for efficient governance? According to Justice Kwaku Gyan, the judiciary is important for efficient governance because it has a crucial role in advancing the vision of democratic government and the objective and tangible fruit of democracy in the land.
What does Article 125(1) emphasize about justice and the judiciary in the Republic? Article 125(1) emphasizes that justice emanates from the people and shall be administered in the name of the Republic by the judiciary, which shall be independent and subject only to the Constitution.
Why did John Mahama and the NDC desire accountability from the electoral administration body? John Mahama and the NDC desired accountability from the electoral administration body because they were dissatisfied with the different election results that the body had declared.
What did the Supreme Court unanimously rule about the Election Commission Chairperson’s testimony in the 2020 presidential election petition? The Supreme Court unanimously ruled that neither Peter Mac Manu nor Election Commission Chairperson Jean Mensa could be forced to testify in the 2020 presidential election petition.

What did the National Democratic Congress and former president John Dramani Mahama file a petition about? The National Democratic Congress and former president John Dramani Mahama filed a petition about the outcome of the 2020 presidential election, insisting that the New Patriotic Party, which was in power, had not won the election.