The Supreme Court will today hear an application filed by the petitioner [John Mahama] seeking for a review into the court’s decision not to allow him re-open his case.
Mr. Mahama filed the application through his lawyers on Friday, February 19, 2021.
He is praying the court to reconsider his new arguments and depart from its earlier ruling.
Mr. Mahama in his review application documents insisted that the apex court made fundamental errors in its earlier ruling.
“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.”
“Among these errors, I am advised by counsel and verily believe is an error whereby the courts subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” the application added.
The court in its ruling read by the Chief Justice, Kwasi Anin-Yeboah, said the petitioner’s legal team failed to provide any better justification for the request and thus dismissed it.
“We accordingly refuse that application,” the Chief Justice said.
Mr. Mahama who is litigating the outcome of the 2020 presidential election asked the Supreme Court to order for a rerun of the elections arguing that none of the candidates crossed the 50 percent threshold.
After several weeks of legal arguments and putting three witnesses in the witness box to testify, the lead lawyer of Mahama, Tsatsu Tsikata, closed the case with the hope of cross-examining the Chairperson of the Electoral Commission, Jean Mensa.
This hope was however dashed when lawyer for the Electoral Commission decided not to put Jean Mensa in the witness box, a decision upheld by the Supreme Court.
Mr. Mahama’s legal team tried to have this decision overturned last week but this proved futile.