Election Petition: You can’t re-open your case – Supreme Court tells Mahama
The Supreme Court has turned down a request filed by the petitioner, John Dramani Mahama, to re-open his Election Petition case which his lead lawyer, Tsatsu Tsikata closed last week.
The apex court in a unanimous decision rejected the request on Tuesday, February 16, 2021.
Reading the ruling of the court, Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team failed to provide any evidence to warrant the reopening of their case hence the dismissal of the application.
“We accordingly refuse that application,” the Chief Justice said.
Mr. Mahama and his legal team filed the application following the Supreme Court’s decision to uphold a motion filed by the legal teams of the first and second respondents — the Electoral Commission and President Nana Akufo-Addo– to not call any witness in the case.
Although the petitioner fiercely objected to the application by the respondents, the court on Thursday, February 11, 2021, ruled that it cannot compel the Chairperson of the Electoral Commission, Jean Mensa to take the witness box.
The ruling also applied to the second respondent, Nana Akufo-Addo who was expected to present Peter Mac Manu as his witness.
This led to Mr. Mahama filing an application on Thursday, February 11, 2021, seeking leave to reopen his case, a request which was turned down.
The court also ruled that Jean Mensa cannot be described as a hostile witness since she had not mounted the witness box.
The apex court has also insisted that its orders for parties to file their closing statements by close of day Wednesday 17, 2021, still stands.
Meanwhile, Mahama’s lead lawyer, Mr. Tsikata has told the court that he has filed an application seeking a review of the court’s decision not to allow Jean Mensa to testify in court.
Mahama who was the flagbearer for the National Democratic Congress in the 2020 presidential election is disputing the election results.
He claimed there were irregularities in the polls and has asked the Supreme Court to declare that none of the presidential candidates won the election.
Mahama also wants the Supreme Court to order for a re-run for just himself and President Nana Akufo-Addo, the candidate for the New Patriotic Party.