SC throws out Mahama’s review
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SC throws out Mahama’s review application to reopen his case

SC throws out Mahama’s review application to reopen his case

The Supreme Court has yet dismissed another application filed by the counsels  of the petitioner, John Dramani Mahama in the ongoing election petition hearing, seeking to have his case reopened.

They described the review application as wholly without merit.

“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 Former President 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.

Background
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.

Source: www.spotonnews.net

Written by Joyceline Natally Cudjoe

An Entertainment Columnist, Content Writer, Blogger, Novelist, Poet, and a Publicist. For business or story tip off, contact me on +233 24 646 6866 or email: spotonnews.net@gmail.com