Petitioner files motion for stay of proceedings

The Petitioner in the 2020 election through his counsel has filed for stay of proceedings until his application for review regarding an earlier ruling of the court is heard.

The review application filed by the petitioner John Mahama’s team is for the court to take a second look at its ruling on February 11, which was the refusal to allow the EC boss to mount the box.

The team also want the apex court to review its decision on the re-opening application delivered today (Tuesday).

Making a statement in court today, just after the Petitioners application to re-open their case was unanimously dismissed by the Supreme Court, the lead Counsel, Tsatsu Tsikata informed the court that they had filed for stay of proceeedings.

The stay of proceedings means the court will have to make a determination of the substantive matter before it can hear the closing submissions from the three parties.

The Registrar is yet to give a date for the review application to be heard but all parties are to file their closing arguments on Wednesday, February 17, 2021.

Court’s ruling on re-opening case

In a unanimous decision, the Supreme Court tossed out the petitioner’s legal team attempt to haul the EC boss Jean Mensa to the witness box.

The justices said the application to re-open the case was unknown in the country especially with regards to the current petition.

The court also said it was baffled by the use of the term hostile witness in supporting the case of the petitioner and went further to provide legal education on what a hostile witness is.

According to the panel, a witness cannot be called a hostile or adverse witness when it has not entered the witness box.

Reading out its ruling, the Chief Justice Anin Yeboah cited many authorities and made reference to other cases, indicating that the petitioner’s team have failed to convince the court why it should grant its requests.

The court was of the view that the team have not demonstrated in any way, new evidence, the basis on which it wishes to re-open its case.

The court also maintained that the plaintiff or petitioner (John Mahama) must not rely on the evidence from the respondents (Electoral Commission and Nana Akufo-Addo) as its strength.

Justice Anin Yeboah reiterated that the team have also not furnish the court with the new evidence, it wishes to bring to bear with the EC Chairperson mounting the box.

It was of the opinion that the petitioner had decided to close its case based on the evidence they had provided through their three witnesses.

Aside from the CJ, the other panel members are Yaw Apau, Samuel K. Marful Sau, Nene Amegathcher, Professor Ashie Kotey, Mariama Owusu and Gertrude Torkornoo.

The case continues on February 18, 2021.