A private legal practitioner, Dennis Adjei Dwomoh, has said Supreme Court’s rejection of 2020 NDC flagbearer's review of interrogatories in the ongoing election petition hearing does not mean that the petitioners didn’t do a good job.
According to him, he has encountered such cases as a lawyer where his reviews were dismissed by the Court.
He told Samson Lardy Anyenini on Joy News' Newsfile Saturday that review dismissals are things that legal practitioners like him are not surprised about.
“We have done cases where you get to some of these results so it is not strange that the court maintained its strictness when it comes to the scope of review,” he stated.
His comment follows the Supreme Court reconstituting its bench of Justices to look at Mr Mahama's legal team's request for a review after its interrogatories for the EC Chair, who is the First Respondent in the matter was rejected.
The Justices argued that the petitioners can ask those questions during the trial. This did not go down well with the petitioners who said the court was being unfair to them.
Commenting on the issue, Mr Dwomoh noted that reviews are sometimes very difficult and “sometimes the Court even tells you that they are also entitled to make a mistake, and when they make a mistake, it is not for you to come and re-argue again before them.”
Giving a practical example of a dismissed review case, he cited the Adamu Dramani Sakande case in which he was deemed to have dual citizenship and therefore couldn't hold himself out as a legislator.
“When we did Adamu Dramani Sakande in the constitutional matter, we had Justice Anin Yeboah agreeing with us in terms of our preliminary legal objection of Jurisdiction of Court so it was a 5, 2 objections. We went for a review and it was a 9, 0 decision,” he said.
In an interview on News file, Mr Dwomoh explained some statistics on review cases that has been given a detailed rule.
“I need to make an explanation. There is a distinction between a bench ruling where the court listens to it and decides to give its ruling there and then and there is one that the Court would go back and then make a detailed ruling.
"Sometimes you do not have access to the bench ruling because it is so shocking it terms of giving it. But if you take time, spend time going through all the cases that have been brought, about 95 per cent of them are dismissed,” he stressed.
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