The Supreme Court has in a unanimous decision dismissed former President John Mahama’s application to reopen his case in the matter of the December 2020 Presidential election petition.
The Supreme Court panel of seven chaired by Justice Kwasi Anin-Yeboah said the petitioner has not demonstrated that the decision by the witness not to testify has affected his case in anyway.
The Chief Justice in his ruling said Section 26 of the Evidence Act is not applicable in this case.
The apex court maintained that arguments raised by the petitioner are almost the same as those raised in the objection to the 1st Respondent’s decision not to testify.
Aspects of the Supreme court ruling also said the EC Chairperson is not on trial and cannot be asked to vindicate herself.
Lead Counsel for the Petitioner, Mr Tsikata seeking leave to reopen the witness case said Jean Mensa will testify as an adverse witness for the Petitioner as per what the Common Law prescribed.
Mr Tsatsu Tsikata while moving the motion for the apex court argued that they were surprised by the circumstances leading to 1st Respondent witness Jean Mensa not to give evidence.
But the Supreme court said the petitioner has not also indicated how the evidence he intends to solicit from the EC Chairperson will help to determine the case, thereby dismissing the application.
Meanwhile, Lawyer Tsikata told the court on Tuesday he will be filing a stay of proceedings pending the determination of an application for a review of the court’s ruling on February 11.
The case has been adjourned to Wednesday, February 17, 2021 for the parties to file their written addresses.
The Supreme Court has scheduled Thursday, February 18, to give its ruling on the Election Petition.
Source: Ghana/Kasapafmonline.com/102.5 Fm
