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Supreme Court set to hear motion to reopen Mahama’s case today

He also said they were given a limited jurisdiction in the Election Petition case and that they do not intend to go beyond that jurisdiction.

The Ghana Supreme Court is scheduled to hear later today former President John Mahama’s motion to reopen his case in the ongoing election petition.

The lawyers for the 2020 National Democratic Congress (NDC) flagbearer filed the motion after they were closed recently.

“Take notice that counsel for and on behalf of [the] petitioner shall seek leave of the court to reopen the case of [the] petitioner for the purpose of serving a subpoena on the Chairperson of the Electoral Commission to testify upon the grounds contained in the accompanying affidavit and for such further or other orders as the honourable court may deem fit”, Mr Tony Lithur filed in court on behalf of the former President. 

If permitted, the former President will get the opportunity to file new applications to contest the outcome of the December 7, 2020 presidential election.

It came after the Supreme Court on Thursday, 11 February 2021, unanimously upheld the decision of the first and second respondents Electoral Commission and President Nana Akufo-Addo respectively not to call witnesses in the ongoing election petition.

“We are minded to state that our jurisdiction invoked in this election petition is a limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under Article 64 (1) challenging the validity of the election of a president. Simply put, we are not convinced, and we will not yield to the invitation being extended to us by counsel for the petitioner to order the respondents to enter the witness box to be cross-examined. Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition,” Chief Justice Kwasi Anin-Yeboah who read the ruling said.

In a press conference after the ruling, former Attorney General Marietta Brew Appiah-Opong, who is one of the lawyers for John Mahama, wholly disagreed with the apex court’s judgement.

“We have nothing to do about the decision of the court but accept it, and, so, we are going to file for an application of review. Counsel for the petitioner has announced that he will file a review of today’s decision of the court. You heard the Lordships, they said no one can stop us from filing an application”, she noted.

“The Chairperson in the past has said she will be available for cross-examination. We have an EC who when a request for interrogatories was served on her in the past, she refused to respond. The EC has to be accountable to us and tell us how she made those errors. There are questions we have to put to her [Jean Mensa] that no one can answer. She alone can answer,’ she added.

By: Bernard Ralph Adams

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