The lead counsel for John Mahama in the election petition case, Tsatsu Tsikata, has filed two new applications at the Supreme Court following the dismissal of a leave seeking to reopen the case.
The petitioner, Mr Mahama wanted the request granted so the Chairperson of the Electoral Commission (EC), Mrs Jean Mensa could be subpoenaed to testify in the ongoing election petition.
But reading the ruling of the court, Tuesday, February 16, Chief Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team has failed to indicate how the evidence they intend to solicit from the EC Chairperson will help to determine the case.
Again, the Chief Justice explained that the EC Chairperson is not on trial, hence she cannot be asked to vindicate herself, adding that the success of the petitioner’s case is dependent on his own evidence.
But objecting to the ruling by the seven-member panel of judges made up of the Chief Justice, Justices Yaw Appau, Marful Sau, Professor Ashie Kotei, Mariama Owusu, Nene Amegatcher, and Gertrude Tokonor, Mr Tsikata said the new applications were being filed while the Chief Justice was reading out the ruling on the reopening of case.
These new motions, he said included a review of the ruling by the court on February 11, that the EC Chair cannot be compelled to mount the witness box and a stay of proceedings pending the hearing of the review application.
Acknowledging the submission, the Chief Justice said the court will move the motions for the two applications filed by the petitioner after a date has been given by the registrar.
He subsequently adjourned hearing to Wednesday February 17, 2021.
Mr Mahama is at the apex court seeking an order for a re-run of the 2020 Presidential election between himself and President Nana Akufo-Addo, the candidate for the New Patriotic Party.
He alleges issues of irregularities and vote padding while arguing that no candidate obtained more than 50% of the votes cast in the December 7, 2020, election.
Read applications below: