The Supreme Court has ordered the petitioner in the ongoing Election Petition hearing, John Dramani Mahama, to file his five witness statements by Wednesday, January 27, 2021, or have his case dismissed.
Mr. Mahama failed to comply with an earlier order issued last Wednesdays to file the processes by January 21, 2021, to enable hearing of the substantive matter commenced today, January 26, 2021.
A lawyer for Mr. Mahama, Tony Lithur explained to the Supreme Court that it was their understanding that per their application for stay of proceedings, they were not to file the processes expected.
The Court however took serious exception to the position.
Chief Justice Kwasi Anin-Yebaoh in reading the decision of the Court said Mr. Mahama must comply with the orders of the Court or risk having his case dismissed.
Mr. Mahama’s legal team was thus directed to file the witness statements by close of day Wednesday, January 27, 2021.
“The petitioner is referred to the following rules of court. Rule 69 (C4B) of the Supreme Court of rule C.I.16 as amended by C.I. 99 which reads the court may dismiss the petition where the petitioner fails to file the processes regarding the petition within the specified time or hear and determine the petition when the respondents fail to file their answers or the processes regarding their answer within the specified time. Indeed this position in the procedural rules of the Supreme Court relating to presidential election petition is echoed through the different hierarchy of court in current case management structure and will not be compromised.”
About the petition
Mahama is in court after he and his party –the National Democratic Congress– rejected the results of the 2020 presidential polls.
Mr. Mahama, the NDC’s presidential candidate in the 2020 polls, is of the view that President Nana Addo Dankwa Akufo-Addo failed to obtain the requisite number of votes to be declared the winner.
He is thus asking the Supreme Court to among other things declare the 2020 presidential polls nul and void and further order the Electoral Commission to conduct a re-run of the election between himself and President Akufo-Addo.
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