Election Petition: Supreme Court hears Mahama’s Review Application today
The election petition hearing at the Supreme Court continuous today, Monday, February 22, 2021, as Mahama files an application for a review of an earlier ruling stopping him from reopening his case.
Mahama through his lawyers had written to the Supreme Court arguing that the apex court made fundamental errors in its earlier ruling.
The apex court will today constitute a nine-panel justice to hear the review application by the petitioner that was filed on Friday, February 19, 2021.
He is praying the court to reconsider his new arguments and depart from its earlier ruling.
“I am advised by counsel and verily believe the court made fundamental errors of law including the ruling being per incuriam of constitutional provisions, statutes and previous decisions of the Supreme Court.”
“Among these errors, I am advised by counsel and verily believe is an error whereby the courts subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” the application added.
The court had earlier in its ruling read by the Chief Justice Anim-Yeboah explained that the legal team of the petitioner failed to justify why they should be allowed to reopen the case therefore “We accordingly refuse that application”.
The Petitioner wants to reopen his case in other to subpoena the Chairperson of the Electoral Commission, Jean Mensah, to testify as an adverse witness.
The lead counsel for the petitioner had said they closed their case hoping that Jean Mensah would mount the witness box to testify after having submitted a witness statement telling the court she will be available for cross-examination.