Supreme Court dismisses Mahama's review application

The court said the petitioner did not raise any new points, neither did he provide any exceptional circumstance for which the court should review its ruling

Supreme Court dismisses Mahama's review application

The Supreme Court has dismissed a review application filed by the petitioner John Dramani Mahama challenging the court’s decision not to compel the Chairperson of the Electoral Commission (EC), to adduce evidence.

The nine-member review panel, in a unanimous decision tossed out the application because it did not meet the legal threshold.

Two new justices, Imoro Tanko and Avril Lovelace Johnson had been added to expand the panel, to hear the case on Thursday.

The initial panel hearing the case were seven namely: Chief Justice, Kwasi Anin Yeboah, Yaw Apau, Samuel Kofi Marful-Sau, Prof. Nii Ashie Kotey, Nene A. O. Amegatcher, Gertrude Torkonoo and Mariama Owusu.

According to the court, the petitioner did not raise any new points, neither did he provide any exceptional circumstance for which the court should review its ruling on February 11.

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The apex court maintained that a witness cannot be compelled to mount the witness box against his or her will.

It added that the fact that a witness statement has been submitted does not mean it is already in evidence.

Mr Tsikata had earlier argued that the court fundamental erred when it gave its ruling because it was given the impression that the witness statement filed by the respondents will be called.

He pointed out that the witness statement of the EC Chairperson Jean Mensa was still in full force as it had not been withdrawn or struck out.

But counsel for the EC, Justin Amenuvor said the petitioner’s team led by Tsatsu Tsikata are simply seeking an opportunity to fill lapses to strengthen its case.