The National Democratic Congress’ leader is the petitioner in the ongoing Election Petition in which he is challenging the 2020 presidential election declaration by the Electoral Commission.
On Tuesday, February 16, 2021, Supreme Court rejected Mr. Mahama to re-visit his case which his lead lawyer, Tsatsu Tsikata had closed.
According to the apex court, the petitioner’s legal team failed to provide any better justification as to why they wanted to reopen the case.
“We accordingly refuse that application,” the court’s ruling read by the Chief Justice, Kwasi Anin-Yeboah said.
Mr. Mahama, in a review application filed at the Supreme Court, said that the apex court made fundamental errors in its ruling against his request to reopen the already closed case to enable him to subpoena the EC chairperson Jean Mensa to answer questions relating to the conduct and declaration of the election result.
This was after the lawyers for the EC and President Akufo-Addo who are the first and second respondents respectively in the petition had indicated that they did not want to adduce any evidence by calling any witnesses.
Mrs. Jean Mensah had filed a witness statement and given indications that she would testify in the matter.
“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,” said the review application which is expected to be heard on Monday, February 22, 2021.