[ 2021-02-16 ]

Not allowing Mahama to reopen case ‘wrong’ – Ayine
Lawyers for former President John Dramani Mahama,
the petitioner in the ongoing election petition
have described as “wrong” the Supreme Court
ruling on Tuesday, 16 February 2021 that said he
cannot reopen his case after closing it.

“In our view the court was wrong, in our view,
the reasons of the court were based upon wrong
legal premises but the supreme court is the final
decision maker when it comes to the law and we are
bound by what it said, we cannot depart from it
but lead counsel for the petitioner has indicated
that he’s filing an application for review with
respect of the earlier decision rendered on the
11th of February relating to their decision with
effect to the compellability of the witness
testimony of the electoral commission,” Dominic
Ayine a member of Mr Mahama’s legal team told
the press after the supreme court ruling.

In its ruling, Chief Justice Anin-Yeboah quoted
several authorities to buttress the court's
position.

"A mere filing of a witness statement is not an
election to testify", Justice Anin Yeboah said,
adding: "We accordingly refuse that application".

Mr Mahama’s lead counsel, Mr Tsatsu Tsikata, had
argued in court on Monday, 15 February that his
side intended reopening the case so that it could
subpoena the Chairperson of the Electoral
Commission, Mrs Jean Mensa, as a “hostile” or
“adverse” witness if leave had been granted by
the court to his side’s prayer.

Mr Tsikata also insisted that for the sake of the
God Mrs Mensa worships, it was important for her
to mount the witness box.

In his counter-arguments against the reopening of
the case, Mr Justin Amenuvor, lead counsel for the
EC said allowing Mr Tsikata to cross-examine Mrs
Mensa as a hostile witness would be an abuse of
the legal process.

Also, Mr Akoto Ampaw, the lead counsel for
President Nana Akufo-Addo, the second respondent
in the case, argued that the party that bore the
burden of proof, “as the petitioner does in this
matter, must effectively meet that burden of
proof”.

Source - Class fm

... go Back