Mahama files new motion for Supreme Court to review its ruling against the reopening of his case
The petitioner in the ongoing Election Petition, has filed an application for review of the Supreme Court’s ruling that prevented him from reopening his case.
But according to the review application, Mr Mahama insisted that the apex court made fundamental errors in its ruling.
He is thus praying the court to reconsider his new argument and depart from its earlier ruling.
“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,” he said.
The said application is expected to be heard on Monday, February 22, 2021.
Former President Mahama has urged the Supreme Court to annul the results of the December polls, as none of the candidates who contested the election obtained the required 50 percent plus one constitutional threshold to be declared the winner of the 2020 presidential election.
Mr Mahama is also asking the apex court for an order of injunction restraining Nana Akufo-Addo from holding himself out as President-elect.
In his response, counsel for President Nana Akufo-Addo, Mr Akoto Ampaw, described the petition as incompetent, devoid of substance and did not measure up to the legal criteria or an action invoking the jurisdiction of the apex court under article 64(1) of the Constitution, 1992.
He said the petition was merely conjectural and born out of petitioner’s unfounded imagination, and that the material facts in the petition did not support the reliefs being sought.
For its part, the EC said it admitted that in reading out the results on December 9, 2020, its Chairperson inadvertently read out the figure representing the total number of valid votes cast as the figure representing the total number of valid votes, and the percentage of the second respondent as 51.59 per cent instead of 51.295 percent.
Again, the EC stated that on December 10, 2020, it made a correction and clarification of the results declared on December 9 through a press release, but added that the correction and clarification did not affect the overall results as declared.