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Election 2020

Pressure Mounts On Mahama To Withdraw His Petition As NDC MP Joins Calls To Discontinue Case

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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

Blame Yourself For Not Doing Your Work Properly In The Strong Room – Supreme Court Chastizes Kpessah Whyte And Mettle-Nunoo

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The justices of the supreme court have told witnesses of Mr John Dramani Mahama in the election petition, Mr Rojo Mettle Nunoo and Dr Michael Kpessa-Whyte to blame themselves for abandoning their duties in the strong room during the final collation of the election results if their claims are to be believed.

During proceedings, the two witnesses told the court that they were sent by the Chair of the Electoral Commission (EC) to Mr Mahama at the time of the collation of the final results in the strong room. In their absence, the results were then announced.

Delivering the judgment on Thursday, March 4 the court said “…Notwithstanding all these allegations of misunderstandings with the chair of the 1st respondent in the strong room and the fact that they were absent during the declaration, they did not give any indication as to how these happenings in their absence affected the final results announced by the 1st Respondent.

“The testimonies would have carried some little weight if the purpose of the petition was to change entries made on the collation forms or summary sheets but that is not the case.

“Their testimonies were therefore of no relevance to the said issues set out for determination and so we find them unworthy for consideration whatsoever.

“In fact, regarding the testimonies of PW2 and PW3 , if their evidence is to be believed then they had to blame themselves for abandoning their post at the national collation centre at the time the verification and certification of the results were ongoing and PW3 had then verified and certified the regional collation results out of the 16.”

Source: GhanaFeed.Com

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Election 2020

Breaking News: Supreme Court Unanimously Dismisses Mahama’s Petition As Having No Merit

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The 7-member panel of the Supreme Court hearing the 2020 election petition have dismissed the 2020 election petition brought before the court by flagbearer of the NDC for the 2020 elections, John Dramani Mahama.

In an extensive verdict read by Chief Justice Kwasi Anin Yeboah, the court was of the opinion that the petitioner failed to disclose how the so-called errors by the EC chair materially affected the declaration.

More Soon….

Source: GhanaFeed.Com

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Election 2020

Supreme Court Update: Mahama In Court As Judges Get Set To Pronounce Their Verdict

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The Petitioner in the 2020 election petition, John Dramani Mahama has made an appearance at the premises of the Supreme Court this morning.

The 7-member panel presiding over the 2020 election petition is expected to deliver judgement today in the case which lasted about one month.

Mr Mahama is challenging the declaration of President Akufo-Addo as having won the 2020 election.

According to Mr Mahama, no candidate obtained more than 50%.

He is therefore praying the court for a re-run of the election between himself and President Akufo-Addo.

The Apex Court will put the matter to rest today by delivering its judgement.

More Soon……………

Source: GhanaFeed.Com

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