The Supreme Court has dismissed an application filed by former President John Mahama in the election 2020 petition hearing to reopen his case.
According to the justices, “the application to re-open the case is unknown in the country especially with regards to the current petition.”
The seven-member panel of the apex court chaired by Chief Justice Anin Yeboah also said they find no merit in the application and proceed with the ongoing case without any hesitation.
The Chief Justice explained that the discretion to allow a petitioner to reopen a case must not be abused and can only be granted when two grounds have been satisfied
This includes whether the new evidence will have an influence on the case and if it could have been obtained through due diligence.
“The discretion to allow a petitioner to reopen a case must not be abused and can only be granted when two grounds have been satisfied
This includes whether the new evidence will have an influence on the case and if it could have been obtained through due diligence,” Chief Justice said.
These the Chief Justice maintained were not satisfied by the counsel for the petitioner during his oral argument.
The apex court’s decision comes after the three parties on Monday argued about the petitioner’s decision to re-open its case.
The request by led counsel for the petitioner Tsatsu Tsikata was opposed by lawyers for the EC and President Akufo-Addo; the 1st and 2nd Respondents in the election petition hearing.
Both sides insist that the petitioner is simply seeking to use the back door to boost a petition he has failed woefully to prove.
The hearing has been adjourned to Wednesday, February 17.
