A Member of John Mahama’s legal team and MP for Bolga East has said the Electoral Commissioner (EC), Jean Mensa cannot go back on her word after electing to testify.

This according to Dr Dominic Ayine is because the EC failed, at the stage of case management to opt-out as a witness.

“At that stage, they had our petition, they also had filed their answers and in fact, they had raised the issue whether or not our petition raises a reasonable cause of action, so at that point in time they could have decided that they don’t want to file the witness statement,” he said.

“You have made that election already, you elected to testify and you put in evidence; your evidence-in-chief.”

His comment follows an indication at the Supreme Court Monday by lawyers for the EC and President Akufo-Addo that they do not intend to open their defense or call witnesses on the election petition filed by the National Democratic Congress, (NDC).

The lead counsel for the EC, Justin Amenuvor, noted that the EC was satisfied with the proceedings so far and asked the court to make a determination on the petition before it.

This was, however, after the lawyers for Akufo-Addo and the Jean Mensa had cross-examined three witness statements for the petitioner; Johnson Asiedu Nketia, Dr Kpessa-Whyte and Rojo Mettle-Nunoo.

Speaking to Evans Mensah on PM Express later in the day, the Bolga East MP questioned the basis for that conclusion.

“You have indicated to the court that you are going to testify and you have put in a witness statement which is deemed by law to be your evidence in chief then all of a sudden you are speaking about electing not to testify."

He maintained the EC had the opportunity to have elected that she does not want to file a witness statement or testify but did not.

“So as far as Order 36 Rule 4 which was sided is a concern, there is no election to be made.”

Lawyers for the respondents had previously indicated that they will call one witness each, only to appear in court to withdraw that decision.

Meanwhile, the judges at the court sided with the respondents, adding that the witnesses cannot be compelled to testify.

The case has therefore been adjourned to Tuesday, February 9 for legal arguments on whether or not the respondents can opt not to call witnesses.