Tuesday, 02 March

It's a double whammy for Mahama as SC throws out review, stay-of-proceedings applications

Former President John Mahama and his legal team

The Supreme Court has thrown out an application by former President John Mahama for a review of its 11 February 2021 ruling in which it said the Chairperson of the Electoral Commission, Mrs Jean Mensa, cannot be compelled to testify in the ongoing election petition.

In a ruling on Thursday, 18 February 2021, Chief Justice Kwasi Anin-Yeboah, read the ruling, which, among other things, said: “The applicant has failed to satisfy the court that a new or important matter resulted from the reference to the constitutional provisions referred to”.

“In the result, the application fails, and it is hereby dismissed,” the Chief Justice read.

The court also struck out a stay-of-proceedings application filed by the former President, the petitioner in the matter.

In its ruling last week, the court said, in part: “We are minded to state that our jurisdiction invoked in this election petition is a limited jurisdiction clearly circumscribed by law”, adding: “We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under Article 64 (1) challenging the validity of the election of a president”.

“Simply put, we are not convinced, and we will not yield to the invitation being extended to us by counsel for the petitioner, to order the respondent to enter the witness box to be cross-examined”.

“Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition,” he added.

Mr Mahama, subsequently filed the application for review of the ruling after his lawyers described it erring in law.


Source: ClassFMonline.com