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Election Petition: Supreme Court resumes today, set to hear Mahama’s review application

by Mutala Yakubu
2021-02-22
in general news
Election Petition: Supreme Court resumes today, set to hear Mahama’s review application

The Ghana national flag, center, flies in front of the Supreme Court building in the city of Accra, Ghana, Tuesday, Oct. 6, 2015. Ghana's judicial service says seven high court judges have been suspended following corruption allegations by a journalist. In a statement released Monday, the Judicial Council said the decision was made following the judges' "stated misbehavior." (AP Photo/Christian Thompson)

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The Supreme Court today will hear an application filed by the 2020 flagbearer of the opposition National Democratic Congress, John Dramani Mahama seeking a review of the ruling that stopped him from reopening his election petition case which his lawyers closed.

Mr. Mahama filed the application on Friday, February 19, 2021.

He is praying the court to reconsider his new arguments and depart from its earlier ruling.

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Mr. Mahama in his review application documents insisted that the apex court made fundamental errors in its earlier ruling.

“I am advised by counsel and verily believe the court made fundamental errors of law including the ruling being per incuriam of constitutional provisions, statutes and previous decisions of the Supreme Court.”

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“Among these errors, I am advised by counsel and verily believe is an error whereby the courts subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” the application added.

The court in its ruling read by the Chief Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team failed to provide any better justification for the request and thus dismissed it.

“We accordingly refuse that application,” the Chief Justice said.

Mr. Mahama who is litigating the outcome of the 2020 presidential election asked the Supreme Court to order for a rerun of the elections arguing that none of the candidates crossed the 50 percent threshold.

After several weeks of legal arguments and putting three witnesses in the witness box to testify, the lead lawyer of Mahama, Tsatsu Tsikata, closed the case with the hope of cross-examining the Chairperson of the Electoral Commission, Jean Mensa.

This hope was however dashed when lawyer for the Electoral Commission decided not to put Jean Mensa in the witness box, a decision upheld by the Supreme Court.

Mr. Mahama’s legal team tried to have this decision overturned last week but this proved futile.

Source: Primenews/ Citinewsroom

Tags: John Dramani Mahama,National Democratic CongressSupreme Court
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