A private legal practitioner, Martin Kpebu has said counsel for the petitioner, John Mahama can apply for a subpoena and serve the Electoral Commission (EC) boss to testify.

He told Mamavi Owusu-Aboagye on JoyNews' AM Show Thursday that, even though by law Jean Mensa cannot be compelled to testify, she can be subpoena to appear before the court and give a testimony.

"A subpoena is a document that is issued by the court, the lawyer presents it then the court has to admit it. So when the Supreme Court gives permission that he should go and fill it and once he files it in court it will go and serve a copy to madam Jean Mensa and when she is served she has to come to court.

"So the EC says I am not testifying but in Law, Mr Mahama has the option to nonetheless apply for a subpoena, but as to whether the supreme court will grant the subpoena I don’t know," he stated.

His comment comes after a decision by the counsels for the 1st and 2nd Respondents not to call forth any witnesses to testify.

Lawyers for the Electoral Commission and President Akufo-Addo, cited Order 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness.

Lead counsel for the EC, Justin Amenuvor, supporting his argument with Section 62 of the Evidence Act, told the apex court that his client cannot be compelled to testify against her will.

However, the lead Counsel for the Petitioner, Tsatsu Tsikata, had fervently objected to the submissions.

Mr Tsikata argued that the EC Chair has a constitutional duty to give accounts of events that led to the December 9, 2020, election declarations and to clarify how some errors were made.

Mr Kpebu mentioned that the apex court might side with Tsikata and allow Jean Mensa to mount the witness box in order to avoid delay of the court ruling.

"It is possible for the court to say look you have the right to refuse to appear but because of the likelihood of event to unfold, you may just come in now to testify to make it short."

Meanwhile the Supreme Court is yet to decide whether Jean Mensa should be cross examined.