Election petition: Mahama files new application
Lawyers for petitioner Mr. John Dramani Mahama have filed another application at the Supreme Court today, January 25, 2021.
They are asking the Apex court to permit them to file additional ground to support their interrogatories review.
This is to help them argue that the court’s ruling was characterized by lack of due regard to the law or facts (per incuriam) relative to article 129 (4) of the constitution and the court’s decision in Ex Parte Magna International Transport Ltd and Bernard Mornah v AG.
129(4) states: “For the purposes of hearing and determining a matter within its jurisdiction and the amendment, execution or the enforcement of a judgment or order made on any matter, and for the purposes of any other authority, expressly or by necessary implication given to the Supreme Court by this Constitution or any other law, the Supreme Court shall have all the powers, authority and jurisdiction vested in any court established by this Constitution or any other law.”
Aside from that, they want to replace paragraph 28 of the original statement of case (that of the review) and additionally file a supplement to the statement of case.
The paragraph 28 in the initial review document stated among others “there is no reference in rule 69(c) 4 of CI 99 to amendments. It is rather 69 A (6) which provides as follows ….” .
The proposed new paragraph in the bit about “it is rather” quoted 68(7) instead of the 69A(6) quoted earlier.