Election petition: Supreme Court refuses Mahama’s review application
The Supreme Court has refused John Mahama’s request to review its dismissal of his application to ask the Electoral Commission (EC) some 12 questions in the ongoing election petition trial.
The Court on Tuesday, January 19, 2021, dismissed the former president’s application for interrogatories.
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The court unanimously held that the petition hearing is time-bound, hence, its inability to grant the application.
Mahama, however, through his lawyers called for the review of the ruling, leading to the empanelling of additional two justices.
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After hours of arguments from both the petitioner’s lawyers and those of the respondents, the nine-member panel refused the request for review.
Arguing his client’s case on Thursday, January 28, 2021, before the Court, Tsikata listed cases where reviews were granted by the Court as well as where the application of interrogatories was allowed.
In his view, the decision by the Court to dismiss the application was “an error” hence, necessary for the court to review its ruling.
He said granting the interrogatories will be critical in helping the Apex Court determine the authenticity of the results declared by the EC on December 9, 2020.
The judges however maintained they are strictly bound by C.I. 99 and therefore will not apply order 22 which is on interrogatories under the C.I. 47.
Tsikata then reacted that “there cannot be a different interpretation of the law just because it is Mr. Mahama that has filed the petition.”
But the judges explained that it is the C.I. that makes the difference and not the individuals involved in the petition.
The Court earlier dismissed Mahama’s request to add additional ground for his application for review filed on January 20, 2021.
The presidential candidate of the National Democratic Congress (NDC) is challenging President Akufo-Addo’s victory in the December 2020 general elections.
According to him, there was no clear winner in the elections as declared by the EC.
Akufo-Addo defeated Mahama in the election to secure another four-year term; collecting 51.302% of the votes cast against the latter’s 47.359%.
The votes difference between the two candidates stood at 517, 231, representing a four percentage point, one of the highest since 1996.
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Source: YEN.com.gh
