Former Appeals Court judge, Justice Saeed Kwaku Gyan, has expressed his dissatisfaction with the Supreme Court’s handling of the 2020 Election Petition. Justice Gyan accused the apex Court of what he sees as protecting Electoral Commissioner Jean Mensa from being held accountable for her role in the election process.
Speaking at a public lecture themed “Protecting Our Democracy: The Role of the Judiciary,” organized by Solidare Ghana in collaboration with the University of Ghana, Justice Gyan criticized the Court’s decision to prevent Jean Mensa from testifying.
He also highlighted the key role the judiciary plays in good governance which he said is critical to every democracy.
In his address, Justice Gyan emphasized the importance of accountability and transparency in the democratic process. He argued that Jean Mensa, as the returning officer, should have been allowed to testify to provide an account of the electoral process to the people of Ghana.
“The Electoral Commissioner was the returning officer. She was accountable to the people of this country. And the Supreme Court ought to have allowed her to go into the witness box and account for the people of this country. They shielded to the detriment of our country for today, and maybe for tomorrow,” he said on Tuesday, October 24.
Justice Gyan expressed his disappointment in the Supreme Court’s reluctance to hold institutions accountable and suggested that this decision might have long-lasting consequences for the nation.
“And it is a very, very shameful situation. It doesn’t show that our Supreme Court is prepared to make our institutions accountable. If they cannot hold, even the EC accountable, how can they hold the President accountable.”
Justice Gyan said the Supreme Court’s reluctance to hold institutions accountable by preventing the EC from testifying might have long-lasting consequences for the nation.
His remarks shed light on the ongoing discussions surrounding the role of the judiciary in safeguarding democracy, and they serve as a reminder of the need for transparency and accountability in the electoral process.
About the 2020 petition:
The case was filed by the NDC’s 2020 Presidential Candidate, John Dramani Mahama, the former President of Ghana who lost the 2016 election and contested in the 2020 polls with the hope of capturing power.
According to the rules governing the hearing of petitions in Ghana, Mr Mahama named Ghana’s electoral management body, the Electoral Commission, and Nana Akufo-Addo as respondents.
The Supreme Court unanimously decided that the Chairperson could not be forced to testify in the Election Petition case, thwarting the petitioners’ attempt to have the EC chair subpoenaed into the witness box.
The NDC and John Mahama had maintained that the ruling New Patriotic Party was not victorious in the 2020 election. Additionally, they wanted accountability since they were unhappy with the various election outcomes that the electoral administration body had announced. However, their efforts were in vain.
