Election petition: Mahama yet to file closing arguments

Respondents in the ongoing election petition have filed their closing arguments in adherence to the Supreme Court’s directive.

The duo, Electoral Commission and President Nana Akufo-Addo filed their statements on February 17, 2021.

Although, the two parties have filed their  closing statements, the petitioner’s legal team led by Tsatsu Tsikata are yet to file their closing address.

The reason for the delay, is because Mr Tsikata filed a review and a stay of proceedings application on February 16, after Tuesday’s sitting.

The team felt dissatisfied with regards to the ruling not to allow the petitioner (John Mahama) to re-open its case and subsequently subpoena the EC Chairperson Jean Mensa to mount the witness box.

The petitioner believed the reasons the court ruled against their application for interrogatories was to the effect that the EC chairperson will be available for cross examination.

The court was of the view that the set questions could be asked during cross examination.

However, the EC has noted it had closed its case, after the petitioner’s team had closed their case. Counsel for the Commission, Justin Amenuvor argued that the petitioners have not adduced enough evidence to warrant the EC to mount the witness box.

This is the second time the petitioner’s team have defied the Supreme Court directive.

On January 21, the respondents were directed to file their witness statement, they refused to do so, on grounds that it had filed a stay of proceedings application.

The court had to give them another grace period on January 26, before it complied.

The court had threatened that the petitioner’s failure to file its witness statements could amount to case dismissal.

“The business of conducting this petition will be done in an orderly and expeditious manner and as procedurally directed by C.I. 99. It is clear that whatever issue that may arise from the interrogatories filed by the petitioner can be incorporated in the due conduct of the trial.

“We do not appreciate the fact that the current processes filed should make room for the petitioners to be ignoring the prior orders of the court. To the extent that the earlier order has not been complied with.

“The petitioner is referred to the following rules of the court. Rule 69 C4b of the Supreme Court rule as amended by C.I 99 which reads that the court may dismiss the petition when the petitioner fails to file the processes directed within the specified time.

“The court will determine the petition when the respondents fail to file their answers or the processes regarding their answer within the specified time,” the CJ said at the time Mr Tsikata failed to file its witness statement.