A member of John Mahama’s legal team in the 2020 election petition hearing, Edudzi Tamakloe has criticized a review statement by a Supreme Court judge on the just-ended case.
Justice Gertrude Torkonoo, at a forum to review the 2020 polls and its aftermaths on Wednesday, clarified some processes the petitioner, failed to meet resulting in his case's dismissal by the Apex court.
She noted that rather than relying on the official documents, i.e pink sheets, to argue out its case of a supposedly flawed election due to supposed vote padding, the petitioner presented to the court spreadsheets.
“Some allegation had been put in the petition about vote padding and it was supposed to concern 5,662 votes in 32 constituencies. But, on Exhibit F brought to court there was a spreadsheet alleging vote padding of 4,693 votes in 26 constituencies.
"So we said we would have expected that the pink sheet of those polling stations could have been exhibited to prove the allegations instead of a spreadsheet," she stated.
But reacting to this, Edudzi Kudzo Tamakloe in an interview on Joy FM, indicated that the move by the justice is unprecedented.
He, therefore, described as dangerous this breakdown analysis provided by Justice Gertrude Torkonoo.
According to him, the Supreme Court Justice who expatiated reasons behind the court’s ruling has opened doors for many to put the Justices’ ruling to scrutiny – a move he believes is likely to produce controversy.
“This is the first time, if my memory serves me right that I'm seeing a justice go outside the court to provide justification, extra judicial for a judgment that they have delivered.
“The danger is that, once a judge begins to provide submission out the judgment that he or she has delivered, then he is opening up the judgment for a conversation that is outside the realm of the judiciary. What then becomes the limit relative to critique or rebuttal? What should be the limit?” he stated.
Mr Tamakloe quizzed whether the presence of a pink sheet would have warranted the Chairperson of the Electoral Commission, Jean Mensa to mount the witness box for cross-examination.
He further noted that it is unclear if the justification provided is from a collective decision or a personal opinion held by Justice Gertrude Torkonoo.
“With respect, I do not know if she is speaking for other justices and remember that their decision was unanimous in almost all the matters that came. At this point, is she speaking for the entire panel or she is expressing her personal opinion on what she is said the petitioner ought to have done,” he stated.
He, however, concluded by iterating the stance of the National Democratic Congress (NDC) that the 2020 December polls was not free and fair but rather “fictitious and flawed.”
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