Election 2020
Pressure Mounts On Mahama To Withdraw His Petition As NDC MP Joins Calls To Discontinue Case
Rockson-Nelson Etse Kwami Dafeamekpor, the NDC MP for South Dayi has said the Petitioner in the ongoing Election Petition at the Supreme Court should file a motion to discontinue the hearing.
According to him, looking at how the Justices at the Supreme Court are throwing out motions filed by the Counsels for the Petitioner, it clearly shows that the opposition party is endangered in the country and that “Justice emanates from the people” as espoused in the Constitution no longer holds.
In a post on his Twitter timeline sighted by GhanaWeb, the MP wrote, “I advise that the party files a motion for leave to discontinue or withdraw the petition without liberty to reapply. The NDC is clearly endangered in this Country. “Justice emanates from the People… Art. 125(1)”.
The seven-member panel of the Supreme Court in its ruling on Tuesday, February 16, said it cannot give the petitioner in the on-going election petition an opportunity to reopen his case for the purpose of a subpoena being issued on Jean Adukwei Mensah, Chairperson of the Electoral Commission.
Jean Mensa, as the Returning Officer of the presidential election, has the sole responsibility of declaring the election results.
The court presided over by Chief Justice (CJ) Kwasi Anin-Yeboah is of the view that the petitioner cannot hide under the cloak of new evidence to fill the gaps and lapses in his case.
The Justices also pointed out that the petitioner has not even adduced any new and compelling evidence in its application and that “petitioner has advanced the same arguments” of his counsel during an earlier oral argument on that matter, the day all parties closed their case on 11 February 2021.
Tsikata had on 11 February, made the oral submission for reopening of the case since the CJ himself had expressed surprise that the respondents had closed their case suddenly, opting not to call their scheduled witnesses.
The Chief Justice in an extensive reference to the Poku v. Poku 2007-08 Supreme Court of Ghana case available in the Ghana Law Report, read the unanimous ruling.
“The rule is intended to assist an applicant who has made a general attempt to look for the evidence and has worked in favour to cause us to be ardent to unmasking attempt by an unsatisfied party coming through the back door and under the cloak of having to come by new or fresh evidence seeking to fill in gaps or lapses in his or her case. The rule is not meant to aid the slothful or indolent, the reckless or negligent litigant whether acting same or through his counsel” the Chief Justice quoted.
He continued the aforementioned reference: “The application is not granted on compassionate grounds neither is it meant to give [……], particularly a litigant, acting through counsel and who fails at the trial to marshall his facts carefully or fails to conduct his case properly by presenting essential evidence at the trial or through the necessary cross-examination. And also fails to conduct the necessary investigation in which he would have thrown light on or strengthened his case or give him or her a second chance at rebuilding his or her case,” Justice Anin Yeboah quoted.
According to the Chief Justice, the same point was captured in the case of Annabel versus Owusu 1982-83, Ghana Law Report 585.
He concluded by referencing a Canadian case cited by Akoto Ampaw, counsel for the 2nd Respondent, and stated that even though the power to grant an applicant the opportunity to reopen their case is at the discretion of the court, it must be used sparingly.
Source: GhanaWeb
Election 2020
Mahama Was Asking The Supreme Court To Ignore The People’s Will Because Of An Error By The EC – Gabby Otchere Darko
Senior Member of the governing New Patriotic Party, Gabby Asare Otchere-Darko, says former President John Dramani Mahama’s election petition goes against the essence of petitions.
According to Mr Otchere-Datko, who is a cousin of President Nana Addo Dankwa Akufo-Addo, the National Democratic Congress’ flagbearer is asking the Supreme Court to set aside the will of Ghanaians, which is not what petitions are meant for.
In a Twitter post, he said Mr Mahama is calling on the court to declare a verdict in his favour based on an error by the Electoral Commission which has been corrected since.
Source: AdomOnline
Election 2020
I Was The Best Man At Dr. Ayine’s Wedding – EC Lawyer, Amenuvor Shows Support At Contempt Trial
Lead Counsel for the 1st Respondent in the Election Petition hearing, Justin Amenuvor, has shown solidarity to colleague Lawyer Dominic Ayine who was cited for Contempt by the Supreme Court.
According to Justin Amenuvor, he has been friends with the spokesperson for the Petitioner for as long as possible and was even the best man at his wedding thus he was only there to show support.
His statement comes after a judge asked whether he [Amenuvor] came to support his roommate adding that his name was not part of the Lawyers involved in the case.
“Yes my Lord, I came to support my roommate, best man and my best friend. I am not appearing as Counsel but as a friend of Dominic Ayine and a best man at his wedding. He was Commonwealth Hall Secretary in our year, he’s a very good friend of mine. We go way back.”
Dr Ayine was found guilty for some comments he made while addressing the media on February 16, 2021. According to him, the apex court had a “pre-determined agenda” to rule against the Petitioner and flagbearer of the National Democratic Congress, John Dramani Mahama.
Following the hearing on February 21, Dr Dominic Ayine was called to mount the witness box to explain the reason for his utterances. According to him, it wasn’t his intention to mar the reputation of the Supreme Court and quickly apologized to the Justices on the bench.
The Chief Justice, Kwesi Anin-Yeboah, conditioned that he would only be forgiven if he [Ayine] rendered an unqualified apology and retracts the ‘scandalous statement’ through the medium he defamed the apex court of Ghana on.
Following the retraction and apology, the Supreme Court discharged the case while advising the former Attorney General to be cautious with his utterances and not cause further him to his profession and the Supreme Court.
“We want to struck out having apologized and purge yourself from contempt”. The Chief Justice noted.
Meanwhile, the Election Petition hearing will continue on March 4 for judgement.
Source: GhanaWeb
Election 2020
Election Petition Final Address: EC Admits It Made Errors In Final Declaration
The lawyers of the Electoral Commission (EC), first respondent in the ongoing petition hearing say it is unfortunate that they were dragged to court by the NDC’s 2020 Presidential Candidate, John Mahama.
According to them, the harmless mistake made by EC boss, Jean Mensah while declaring the election results on December 9 had no bearing on the outcome of the election which has triggered the petition.
They further stated that the former President has failed to provide any evidence whatsoever to challenge the election results and for that matter, the declaration of the result and hence, they are calling on the court to dismiss the petitioner’s case.
The submission is contained in the written closing address filed by the lawyers in compliance with the Supreme Court’s orders.
Source: MyJoyOnline
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