Election Petition: Supreme Court not treating us squarely – Marietta Brew

Former Attorney General and a spokesperson of John Dramani Mahama’s legal team in the election petition case, Marietta Brew Appiah-Oppong is unhappy with the Supreme Court over what she feels is the apex court’s alleged bias and unfair treatment against the petitioner.

She says the unanimous dismissal of two of their requests in court on Thursday, January 28, 2021, is indicative that their client is not being given a fair trial.

This comes after the Supreme Court threw out an application filed by John Dramani Mahama through his legal team, seeking for a review of an earlier ruling given by the court with regard to questions the presidential election petitioners were seeking to ask the Chairperson of the Electoral Commission, Jean Adukwei Mensa.

It followed the justices’ earlier dismissal of a supplementary application the petitioners were seeking to push through to support their statement of the case.

For Marietta Brew Appiah-Oppong, based on the ‘superior arguments’ by their counsel, it was shocking that the pleas they had put in were struck out by the nine-member panel of justices.

Speaking to journalists after Thursday’s proceedings, she decried the turn of events stating emphatically that “I think that the petitioner is not being treated fairly in these circumstances. It is unfortunate, but we have to say it as it is;  the petitioner is not being treated fairly. We disagree with the ruling of the Supreme Court. It’s unfortunate but that is their decision so there isn’t much we can do.”

Chaired by the Chief Justice, Anin-Yeboah, the nine justices including Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegartcher, Justice Prof Nii Ashie Kotey, Justice Gertrude Torkornoo, Justice Mariama Owusu, and the two additional justices– Justice Henrietta Mensah-Bonsu and Justice Amadu Tanko– in hearing the review said they were not satisfied with the arguments Mahama’s legal team put across because they were not relevant to the case hence the dismissal of the application.

The judges in throwing out the supplementary application also explained that: “we find that our inherent jurisdiction cannot be invoked under the circumstances of the case when the rules of the court have made clear provisions in the exercise of our jurisdiction in this matter. We accordingly dismiss the application”.

But Marietta Brew expressed utter dissatisfaction following the outcome.

“You heard the superior arguments of our counsel on the matter. Our counsel presented several authorities in which the court has in the past actually granted leave to applicants before the court to file supplementary statements of case. Our application was refused. It’s unfortunate these rulings that are coming out of the court are so short. In 2013, we had detailed rulings on why applications are either granted or refused That has not happened this time.”, she intimated.

‘The law is not about what you want’ – Frank Davies to lawyers for Mahama

Meanwhile, a member of President Akufo-Addo’s legal team, Frank Davies has taken on the legal team of President John Mahama.

He accused them of being emotional in their arguments in court.

Mr. Davies said the lawyers for the petitioner came to court with their minds made up that they deserved to get a ruling in their favour.

”The law is not about what you want, it is about what you will get,” he remarked during a press address after Thursday’s hearing.

He said the claims by the counsel for the petitioner that the court did not grant them a fair hearing on the matter is without basis.

According to him,  the speedy process of the hearing of the review application cannot be interpreted as an unfair hearing.

“This business of they talking about fair hearing and all that, in one of the authorities that their lead counsel stated, it was stated quite clearly that speedy hearing is synonymous to a fair hearing,” he said.

Mr. Davies said the lawyers for the petition did not have a solid case hence the dismissal.

“If the arguments were superior, nine justices will not find that argument to be no superior. If you are emotional about a ruling, that is what you get…. When we come to court, we are guided by procedure, it is not what you decide to do in court. I think it is unfortunate for Marietta Brew Oppong to stand before you [the press] and make those comments that she makes,” he added.

Source: CNR