The Supreme Court will today hear oral arguments by the petitioner in the 2020 election petition hearing who is seeking a review of the ruling that stopped him from reopening his case.
The lawyers for the 2020 NDC Presidential Candidate, who is also the petitioner, John Dramani Mahama filed for the review on Friday, February 19, 2021, after the apex court affirmed an earlier decision not to compel the EC Chairperson to testify.
John Mahama, had urged the court to grant his request saying he intends to subpoena EC Chairperson, Jean Mensa to testify in the ongoing election petition.
Lead counsel for Mr Mahama, Tsatsu Tsikata who argued the case, said they were taken by surprise when the EC Chairperson opted not to testify after submitting a witness statement, hence the decision to reopen the case and ask for a subpoena.
He insisted that there are also allegations that came up during the cross-examination of their witnesses and these are matters only the EC Chairperson can speak to.
Bu dismissing the application, the 7-member panel of judges maintained that the petitioner has not indicated how the evidence he intends to solicit from the EC Chairperson will help to determine the case.
Reading the ruling, Chief Justice Kwasi Anin Yeboah emphasized that the success of the petitioner’s case is dependent on his evidence and therefore the decision to close his case was not based on the fact that Madam Jean Mensa had filed a witness statement and was to testify.
He also stated that the arguments raised by the counsel for the petitioner are the same as those raised in the objection to the 1st Respondent’s decision not to call a witness.
The Chief Justice concluded by explaining that the EC Chairperson is not on trial hence she cannot be asked to vindicate herself.
But in new documents sighted by myjoyonline.com, Mr. Mahama says the apex court made fundamental errors of law, including the ruling being per incuriam of constitutional provisions, statutes, and previous decisions of the Supreme Court.
“Among these errors, I am advised by counsel and verily believe, is an error whereby the court subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” point 5 of the application noted.
To this effect, apex court will constitute a nine-member panel of judges to hear the review application.
Meanwhile, the seven judges hearing the case are Chief Justice Kwasi Anin Yeboah, Justices Yaw Appau, Marful Sau, Nene Amegatcher, Prof. Kotey, Mariama Owusu, and Gertrude Torkonoo .
However on the two occassions that the petitioner had seeked a review, the panel had been joined by Justices Amadu Tanko (both occasions) and Prof Henrietta Mensa Bonsu (once) and Lovelace Johnson (once).
Hearing will commence at 9: 30 am.