SC unanimously dismiss the review application of Mahama to reopen his case
The Supreme Court of Ghana has by a unanimous decision dismissed a review application filed by lawyers of the petitioner in the ongoing presidential election petition.
The petitioner applied for review on the court’s earlier ruling on the application to help his case and subpoena the EC Chair.
Chief Justice Anin Yeboah in the ruling on behalf of the nine justices said the application was without merit and accordingly dismissed it.
Lawyer Tsatsu Tsikata, the lead counsel for the petitioner had argued that the ruling by the court was not in accordance with the statutes of the court.
He asked them to use their conscience and their judicial oath in determining the ruling on the review application.
He further argued that the justices may have their reasons for the decision to dismiss the application but “it is the ruling of the panel that we are here to question”.
Counsels for the respondents – Justin Amenuvor for the First Respondent and Akoto Ampaw for the Second Respondent – asked the Court to set aside the review application since it does not merit its prayer.
It was their case that the application was a rehash of the old arguments of the petitioner on applications already ruled on.
The apex court in its ruling stated that the decision to testify or not resides on the Electoral Commission and not the chairperson since Jean Mensa is not a party to the case.
The court further indicated some of the submissions from Mahama’s legal team had no basis in law.
Other members of the panel are Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegartcher, Justice Prof Nii Ashie Kotey, Justice Mariama Owusu, Justice Gertrude Torkornoo, Justice Amadu Tanko and Justice Henrietta Mensah Bonsu.