AGAIN! Mahama loses review application reopen case

• Posted on February 22, 2021February 22, 2021
• by Nana Kwesi Coomson
• Comment

The Supreme Court has delivered another blow to the petitioner in the election petition case, dismissing a review application filed by former President John Mahama.

The nine-member panel chaired by Chief Justice Kwasi Anin-Yeboah dismissed the review application for lacking merit.

“We dismiss the instant application as being wholly without merit,” Chief Justice, Kwasi Anin-Yeboah said in a 25-minute unanimous decision.

According to the court, the application by the petitioner was not based on law or rule of practices and therefore was unmeritorious.

Mahama, the 2020 presidential candidate of the NDC, through his lead counsel, Tsatsu Tsikata, had closed his case, he tried using legal technicalities to get the Electoral Commission (EC) Chairperson to be cross-examined.

Mr. Mahama’s counsel claimed that the Supreme Court’s earlier ruling was a travesty of justice as it was fraught with errors hence the filing of the latest review application.

“I am advised by counsel and verily believe the court made fundamental errors of law including the ruling being per incuriam of constitutional provisions, statutes and previous decisions of the Supreme Court.”

The court in its unanimous decision said the petitioner failed to convince the panel while the case should be reopened by Mahama.

The justices disagreed with arguments by Mr. Tsikata that the earlier ruling was a miscarriage of justice.

The court also explained 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.

Chief Justice Anin-Yeboah in the ruling also said some of the submissions from Mahama’s legal team had no basis in law.