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Lawyers for NDC 2020 presidential candidate John Dramani Mahama filed a request for review of the Supreme Court ruling that prevented him from reopening his case.
John Mahama, who is the petitioner, had urged the court to grant his request saying that he intends to subpoena EC President Jean Mensa to testify in the ongoing electoral petition.
Mr. Mahama’s lead attorney, Tsatsu Tsikata, who argued the case, said they were shocked when the EC president chose not to testify after presenting a witness statement, hence the decision to reopen the case and request a subpoena. .
He insisted that there are also accusations that arose during the questioning of his witnesses and these are matters that only the president of the EC can speak to.
Dismissing the request, the 7-member panel of judges held that the petitioner has not indicated how the evidence he intends to request from the president of the EC will help determine the case.
In reading the ruling, Chief Justice Kwasi Anin Yeboah emphasized that the success of the petitioner’s case depends on his evidence and, therefore, the decision to close his case was not based on the fact that Ms. Jean Mensa had submitted a witness statement and was to testify.
It also stated that the arguments raised by the petitioner’s attorney are the same as those raised in the objection to the 1st Respondent’s decision not to call a witness.
The president of the Supreme Court concluded by explaining that the president of the EC is not being tried, so he cannot be asked to claim.
But in new documents spotted by MyJoyOnline.com, Mr. Mahama says the supreme court made fundamental mistakes of law, including the ruling by incurring previous constitutional provisions, statutes and Supreme Court decisions.
“Among these errors, the lawyers warned me and I sincerely believe, is an error by which the court subordinates a provision of the Evidence Law to a rule of the subsidiary legislation of the Court’s Rules Committee,” said point 5 of the demand.
This new motion follows two others filed by the petitioner after the dismissal of his license seeking to reopen the case.
The two motions included a review of the court ruling on February 11 that the EC president cannot be compelled to set up the witness stand and a suspension of proceedings pending the hearing of the request for review.
On Thursday, February 18, 2021, the superior court dismissed the request for review and described the second motion as moot.
