[ 2021-02-22 ]

Mahama’s application for review to reopen case lacks merit – Supreme Court
The Supreme Court has dismissed an application
filed by the instigator of the 2020 election
petition, John Mahama, seeking to have his case
reopened.

“We dismiss the instant application as being
wholly without merit,” Chief Justice, Kwasi
Anin-Yeboah said in a ruling he read on behalf of
the nine panelled Supreme Court justices
constituted to hear the case.

Although Mahama had through his lead lawyer,
Tsatsu Tsikata closed his case, he tried
everything he could within the laid down processes
to have the case reopened in a bid to have the
Chairperson of the Electoral Commission, Jean
Mensah subpoenaed and cross-examined.

An earlier attempt by Mahama to reopen his case
failed as the justices of the Supreme Court said
they were not convinced by the arguments advanced
by his legal counsel.

Mr. Mahama through his legal team claimed the
Supreme Court’s earlier ruling was a travesty of
justice as it was fraught with errors hence the
filing of the latest review application.

“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.”

“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 lead counsel for the petitioner, Mr. Tsatsu
Tsikata in ending his arguments in support of the
application urged the justices to decide by their
conscience and the judicial oath.

Mr. Tsikata concluded his submission with a quote
from the Bible — Hosea 8:7– which states that:
”For they have sown the wind, and they shall
reap the whirlwind: it hath no stalk; the bud
shall yield no meal: if so be it yield, the
strangers shall swallow it up”.

The ruling
Meanwhile, the nine-panel justices in a unanimous
decision on Monday, February 22, 2021, insisted
that they were still not convinced by the reasons
for the demands being sought by Mahama and his
legal team and went further to throw out the case.


Chief Justice Anin-Yeboah, said the application
was dismissed because it was not within any known
law or rules of practice within any jurisprudent.

The justices of the apex court also disagreed with
arguments by Mr. Tsikata that the earlier ruling
was a miscarriage of justice.

The apex court also explained that the decision to
testify or not resides on the Electoral Commission
and not the chairperson since Jean Mensa is not a
party to the case.

Anin-Yeboah in the ruling also said some of the
submissions from Mahama’s legal team had no
basis in law.

Source - Citinewsroom

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