There was drama in court on Wednesday during the third sitting of the Presidential Election Petition after the panel of Judges adjudicating the case read out the mode of trial, which seemed to have caught Counsel for the Petitioner by surprise.
The Supreme Court panel chaired by Justice Kwasi Anin Yeboah, the Chief Justice with support from Justice Yaw Appau, Justice Samuel Marful-Sau, Justice Nene Amegatcher, Prof Nii Ashie Kottey, Justice Mariama Owusu and Justice Gertrude Torkunor, mindful of the C.I 99 to hear the case and give a ruling within a period of 42 days, gave an order for all parties involved in the case to file their witness statement by 12pm, Thursday, January 21, 2021.
The panel pointed out that the modification of the law which resulted in that particular C.I enjoins the court to operate within strict timelines, a requirement the court cannot compromise.
It further added that lawyers should have known they will be required to file witness statements and that those should have been prepared ahead of time.
Perverting Justice
But counsel for the petitioner, Lawyer Tsatsu Tsikata, clearly unhappy with the panel’s rules, stated that the timeline provided for them to file their witness statements was too short and not justified.
He counseled that the expedition of proceedings should not be prioritized over justice.
To him, the lordships are “yet to exhibit justice and justice should not be traded for expedition.”
Tsatsu Tsikata reiterated that none of his client’s actions – motion to admit facts, application for review of the ruling dismissing leave to seek for interrogatories - seek to delay court proceedings as held by the legal team of the second respondent.
Counsel for the Petitioner lamented that none of their processes filed have been looked at, and since they have not, justice might be perverted bearing in mind the likelihood of them having effect on the witness statement to be presented on January 21.
However, counsels for the 1st Respondent, the Electoral Commission and the 2nd Respondent, Nana Addo Danquah Akufo-Addo, backed the ruling by the Apex Court.
They argued that it is impossible for Mr. Mahama to file a petition challenging the validity of the 2020 elections without having witnesses on standby to support his case or preparing adequately.
The judges subsequently adjourned hearing to Tuesday, January 26.
Media Spectacle
But speaking to the media after proceedings, Minister for Information, Kojo Oppong Nkrumah, questioned what the Petitioner meant by sacrificing justice on the altar of expedition.
To him, it is unacceptable for Counsel for the Petitioner to say they need more time to file their witness statement since Mr Mahama already indicated he knew who these witnesses are.
Legal Theatrics & Gymnastics
He accused counsel for the petitioner of engaging in “legal theatrics and gymnastics” and “media spectacle” to keep the image of John Mahama running for the 2024 general elections.
“I think all of us need to go back to the basics. Ordinarily, when you file your petition and the Respondents file their answer, the next logical step is case management; which starts with the setting out of the issues and a timetable which includes when witness statements are filed.
“On the first day when we came, our colleagues from the other side started with an interlocutory application, asking for leave to go and amend. And therefore they started delaying the 42 day clock. That was granted.
“They had the opportunity to come back earlier this week, and the afternoon we appeared in court, they filed another interlocutory application…..every lawyer knows that by now when you coming to court for case management, first; your memorandum of issues you’ve drafted it. Second, your witness statement you have a draft of it, so these matters become procedural.
“Because our colleagues are seeking to delay the process and get a media spectacle ongoing for some months, all they are doing is theatrics….so today even after the court has ruled, they bring another application for review….every lawyer knows that an application for review or an appeal does not operate as a stay of proceedings. So you cannot claim or pretend before the cameras that by mere virtue of the fact that you have filed an application for review, there ought to be a stay of proceedings….
“When the court determined in the end that witness statements should be filed on X or Y date....., Mr Mahama filed his petition on the 30th of December…nobody choose witnesses for him. He listed five people that he had as witnesses. That presupposes that he knows who they are, he knows what they are going to say as witnesses on his behalf. Today when the court said that by this date bring me the witness statement, now they say it’s too short and that they are being rushed to put together their witness statement?.....
"....now if they claim that they need to go back to the interrogatories before they can agree to the issues as have been set out and prepare their witness statements, what it means is that their applications for interrogatories were a fishing expedition. That what they were doing was to use it to explore what issues they can come to court with….
"....Mr Mahama at a press conference said he won the presidential election; that means what, he got 50% plus 1. You have an opportunity in court to prove it, now Mr Mahama abandons that one and moves onto this new thing of nobody got 50.1% and when we say bring your witness statements, you say it’s too early…it’s ridiculous, and we’re of the view that these are just efforts to delay what C.I 99 sets out clearly, there must be justice but it must be done expeditiously; nobody is short-circuiting the process. They are looking for a media spectacle so that Mr Mahama can continue to remain relevant in the NDC and in the public space and run again in 2024. That’s all they are looking for," Oppong Nkrumah stated.
Source: Peacefmonline.com/GHANA
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