The Supreme Court has by a unanimous decision a request by the former President’s lawyers to file additional documents to their case seeking to review the court’s interrogatories ruling.
Former President John Dramani Mahama, who has petitioned the Supreme Court filed a fresh process at the apex court seeking leave to file an additional ground of review to the review application on the interrogatories.
After arguments from the lawyers of the petition and objections raised by the first and second respondents, the court dismissed the application.
In giving the reasons for their ruling, Chief Justice Anin-Yeboah the application was brought under the court to review the original jurisdiction of the court to file additional grounds of review, replace paragraph 28 of the original statement of the case and file a supplement to the statement of the case.
He said the application before the court was not sanctioned by any provisions in C. I 16 specifically from rules 54 to 60 of Supreme Court Rule.
He said reviews and appeals are conceptually different and the rules governing the application of either of them are distinct.
The case used by the lead counsel, i.e Ellis Tamakloe versus Tamakloe reported in 2011 was not for leave to file an amendment on the grounds of review as in the case of the petitioner.
The court said in civil appeals and original jurisdiction matters before the court, they are procedures to grant requests and the court may grant such appeals by their rules.
Granting the request he added would amount to expanding the scope of the jurisdiction of review which provision is provided by this court by the rules.
He said the inherent jurisdiction cannot be invoked in this matter when the rules of the court have given guidelines in dealing with such matters.
The panel also include Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegartcher, Justice Prof Nii Ashie Kotey, Juatice Gertrude Torkornoo, Justice Mariama Owusu.
Justice Amadu Tanko and Justce Harrieta Mensah-Bonsu are the new judges added to the enhanced panel.
By: Rainbowradioonline.com
