Election Petition: Supreme Court throws out Mahama’s review application

The Supreme Court has dismissed a review application by Former President John Dramani Mahama challenging the court’s decision not to compel the Chairperson of the Electoral Commission (EC), Mrs Jean Adukwei Mensa.

In a ruling today, a nine-member review panel of the court held that lawyers for Mr Mahama failed to meet the criteria for review as stipulated by law. According to the court, the petitioner did not raise any new points, neither did he provide any exceptional circumstance for which the court should review its ruling on February 11.

Petitioner’s argument
Counsel for the petitioner, Mr Tsatsu Tsikata, had argued that the court should review its decision because Mrs Mensa had made statements in her affidavits that she will testify. He argued that the court did not make reference to Section 26 of the evidence Act, which made it a must for Mrs Mensa to testify based on the representations she made.

Counsel also submitted that his client wanted Mrs Mensa to testify not because they wanted the court to compel the EC to adduce evidence, but because Mrs Mensa had made representations in her affidavits to testify. Also, counsel argued that Mrs Mensa as the Chairperson of the EC must testify in the interest of justice due to the fact she she declared the 2020 presidential election results.

Respondents’ opposition
Lawyers for the two respondents (EC and President Nana Addo Dankwa Akufo-Addo ) opposed the review application. Mr Justin Amenuvor, lawyer for the EC, argued that the review did not meet the criteria as it did not raise any new issue. Lawyer for President Akufo-Addo, Mr Akoto Ampaw, described the review application as unmeritorious.

He said the petitioner was using the review as a backdoor attempt to re argue his case case for the EC Chairperson to testify.

Source: Graphic.com.gh