Petitioner John Dramani Mahama has filed another application for a review of the case of reopening his case.
The Supreme Court on Tuesday, February 16, 2021, by a unanimous decision dismissed an application by the 2020 NDC presidential candidate seeking leave to reopen his case.
The petitioner had urged the court to grant his request saying he intends to subpoena EC Chairperson, Jean Mensa to testify.
The court its ruling stated that the petitioner did not indicate how the evidence he intends to solicit from the EC Chairperson will help to determine the case.
He also stated that the success of the petitioner’s case is dependent on his evidence and therefore the decision to close his case was not based on the fact that Madam Jean Mensa had filed a witness statement and was to testify.
He added that the EC Chairperson is not on trial hence she cannot be asked to vindicate herself.
Meanwhile, the court earlier dismissed an application filed by the petitioner, John Dramani Mahama, seeking a review of an earlier ruling that the EC Chair cannot be compelled to testify.
Chief Justice Kwasi Anin-Yeboah who read the ruling on behalf of the nine justices said, the bench was not convinced by the arguments advanced by the petitioner’s legal counsel to warrant a contrary decision.
“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 earlier ruling]. In the result, the application fails, and it is hereby dismissed,” he said.
The earlier panel comprised; Chief Justice Kwasi Anin Yeboah, Justices Appau, Marful-Sau, Nene Amegatcher, Mariana Owusu, and Gertrude Torkonoo ruled that the EC boss filing a witness statement does not mean she has to testify.
The review had Justices Tanko and Lovelace Johnson joining the original 7 member panel to hear the case.