Supreme Court dumps Mahama, but Tsatsu, Ayine gripe

The Supreme Court has turned down a request filed by John Dramani Mahama in the controversial 2020 Election Petition

The Petitioner last week filed an application to re-open his floundered Election Petition case which his lead lawyer, Tsatsu Tsikata, closed last week.

The apex court in a unanimous decision, however, rejected the request on Tuesday, February 16, 2021.

Reading the ruling of the court, Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team failed to provide any evidence to warrant the reopening of their case, hence the dismissal of the application.

“We accordingly refuse that application,” the Chief Justice said.

Mr. Mahama and his legal team filed the application following the Supreme Court’s decision to uphold a motion filed by the legal teams of the first and second respondents — the Electoral Commission and President Nana Akufo-Addo– to not call any witness in the case.

Although the petitioner fiercely objected to the application by the respondents, the court on Thursday, February 11, 2021, ruled that it cannot compel the Chairperson of the Electoral Commission, Jean Mensa to take the witness box.

The ruling also applied to the second respondent, Nana Akufo-Addo who was expected to present Peter Mac Manu as his witness.

This led to Mr. Mahama filing an application on Thursday, February 11, 2021, seeking leave to reopen his case, a request which was turned down.

The court also ruled that Jean Mensa cannot be described as a hostile witness since she had not mounted the witness box.

The apex court has also insisted that its orders for parties to file their closing statements by close of day Wednesday 17, 2021, still stands.

Meanwhile, Mahama’s lead lawyer, Mr. Tsikata, has told the court that he has filed an application seeking a review of the court’s decision not to allow Jean Mensa to testify in court.

Mahama, who was the flag bearer for the National Democratic Congress in the 2020 presidential election, is disputing the election results.

He claimed there were irregularities in the polls and has asked the Supreme Court to declare that none of the presidential candidates won the election.

Mahama also wants the Supreme Court to order for a re-run for just himself and President Nana Akufo-Addo, the candidate for the New Patriotic Party.

Responding to the ruling, John Mahama’s legal team said the Supreme Court’s ruling in not allowing Petitioner’s lawyers to reopen his case was wrong in law.

According to Dr. Dominic Ayine, one of the spokespersons of Mr. Mahama, the Petitioner, the apex court used the wrong legal premises in ruling on the matter.

Dr. Ayine made this known while interacting with the media after the court hearing on February 16, 2021.

He said, although his team is disappointed with the ruling, they are bound to respect it.

“This morning the Supreme Court gave a ruling in respect of our motion to reopen the Petitioner’s case. That motion was filed a few days ago with a view to having the opportunity to reopen our case and have the chairperson of the EC, Mrs. Jean Adukwei Mensa testify in our case. We wanted her to come and testify as an adverse witness which is allowed under the rules.”

“It was our strategy to serve a subpoena on her since she has decided not to give testimony even after filing a witness statement. But the Supreme Court has given a decision in which it basically said she’ll not be compelled to testify. In our view, the court was wrong and the reasons of the court were based on wrong legal premises, but the Supreme Court is the final decision maker when it comes to the law in the country, and we are bound by what it has said.”

Verdict

The Supreme Court on Tuesday, February 16, 2021, turned down a request filed by Mr. Mahama, to re-open his case which his lead lawyer, Tsatsu Tsikata closed last week.

The court, in its ruling read by the Chief Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team failed to provide any evidence to warrant the reopening of their case, hence the dismissal of the application.

“We accordingly refuse that application,” the Chief Justice said.

Mr. Mahama and his legal team filed the application, following the Supreme Court’s decision to uphold a motion filed by the legal teams of the first and second respondents — the Electoral Commission and President Nana Akufo-Addo– to not call any witness in the case.

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