The Supreme Court has dismissed a review application filed by the petitioner John Dramani Mahama in the ongoing presidential election petition hearing.
In a unanimous decision, the nine-member review panel today February 18, 2021, dismissed the application on the basis that it failed to satisfy the court.
“We have also taken into consideration, the applicant’s reliance on article 19 clause 13(296) of the 1992 constitution. We are of the view that, the applicant has failed to satisfy the court that a new or important matter resulted from the reference to the constitutional provisions referred to… In the results, the application fails and it is hereby dismissed.”
This ruling comes on the back of the legal team of the petitioner filing an application for review on the court’s decision on February 11, 2021, which ruled that the Chairperson of the Electoral Commission (EC), Jean Mensa, could not be compelled to testify and be cross-examined as a witness in the election petition hearing.
According to the legal team for the petitioner, they felt dissatisfied with the ruling not to allow the petitioner to re-open its case and also to get the EC Chairperson Jean Mensa to mount the witness box.
The court today also dismissed the petitioner’s request to reopen the case and also their application for the court to stay proceedings.
Prior to the court’s ruling, the lead lawyer for President Nana Addo Dankwa Akufo-Addo, who is the 2nd respondent in the election petition case, Mr. Akoto Ampaw, asked the Supreme Court to dismiss the review application filed by the petitioner, John Dramani Mahama.
According to him, the application is an abuse of the court processes and must not be permitted. He also averred that, the petitioner is intentionally delaying the hearing and the determination of the petition.
Mr. Akoto-Ampaw, also urged the court to award cost against Mr. Mahama where he posited that, the review application does not meet conditions of Article 133 and rule 54 of the processes of the Court.
“My lords, I believe, and we submit that this application is completely unmeritorious and does not satisfy the very strict conditions for review laid out in Article 133 and rule 54 of this court.
“We accordingly pray that this application be dismissed as an abuse of court processes and even though we are all aware that in constitutional matters like this, no cost is awarded, but I think this is a proper occasion for a cost to be awarded.”
However, the lead counsel for the petitioner, Mr Tsatsu Tsikata, said the court fundamentally erred when it gave its ruling because, the ruling was given under the impression that the witness statement filed by the respondents will be used.
Mr. Tsikata also pointed out that the witness statement of the EC Chairperson Jean Mensa was still in full force as it had not been withdrawn by the first respondent or struck out by the court.
The election petition hearing has been going on for some weeks, as the former President, John Dramani Mahama who is the petitioner, has refused to accept the outcome of the election results and as a result is challenging it.
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