The presidential candidate of the National Democratic Congress (NDC) in the 2020 election, former President John Dramani Mahama has filed a fresh motion asking the Supreme Court to halt the presidential election petition until the final determination of the application for review regarding his interrogatories.
This comes after the apex court, had on Tuesday (January 19) dismissed the former president’s application for interrogatories, which sought to ask the court to grant leave for the Electoral Commission (1st respondent) to answer 12 questions regarding the declaration of the presidential election results.
According to the former president Mahama (petitioner), commencing the hearing without a determination of the review application will lead to an “irreparable harm” to the conduct of the case.
Lead counsel for the petitioner, Mr Tsatsu Tsikata had informed the court last Wednesday (January, 20) that they had filed an application which was asking the court to review its decision on the application for interrogatories.
According to him, the apex court “breached some fundamental errors of law” by dismissing the application hence the need for it to review its decision.
Road map and Timelines
Meanwhile the court, Wednesday, January, 20 set out five issues for determination in the presidential election petition filed by the presidential candidate of the National Democratic Congress (NDC) in the 2020 elections.
In addition, the apex court also set timelines to guide the hearing of the petition which ordered the petitioner to file his witness statements by noon Thursday, Jan 21.
In the motion, which is asking the court to halt the proceedings, the legal team of the petitioner have also reminded the court that their request to the Electoral Commission that it admits certain facts had not been complied with.
According to the petitioner, responding to the requests to admit facts by the EC was necessary for the finalisation of witness statements.
Mr Mahama posits in his petition that no candidate won the 2020 presidential election and, therefore, the declaration of President Akufo-Addo as the winner of the election by the chairperson of the EC was “null, void, unconstitutional and of no legal effect”.
He argued that as per the results announced by Mrs Jean Mensa on December 9, 2020, no candidate garnered more than 50 per cent of the total valid votes cast, as required by Article 63(3) of the 1992 Constitution.
The petitioner is, therefore, asking the Supreme Court to order the EC to organise a second election (run-off) between him and Akufo-Addo because, in his estimation, no candidate won the 2020 presidential election.