The Petitioner in the ongoing 2020 election petition, former President John Mahama "is worried that the court in deciding these applications are not applying statutes that have been passed by our parliament".
Seven Judges and sometimes nine for review cases have thrown out over 6 applications of the petitioner with the recent one being a review application on the Supreme Court's decision not to allow the reopening of his case.
Sammy Gyamfi, a member of the Petitioner's legal team speaking after the Court's ruling on Monday bemoaned the fact that John Mahama is being denied a fair hearing.
"The petitioner is worried that the court in deciding these applications are not applying statutes that have been passed by our parliament; statutes that the court has been applying in other cases and we think that the petitioner is being denied a fair hearing and it is important that these issues be pursued to their logical conclusion," he intimated.
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Supreme Court Decision
A nine-member panel of Supreme Court (SC) Judges has unanimously dismissed a review application filed by the petitioner in the 2020 election petition, John Mahama.
Mr Mahama filed an application for review of the Supreme Court’s ruling that prevented him from reopening his case.
According to the motion, the SC made fundamental errors of law, including the ruling being per incuriam of constitutional provisions, statutes, and previous decisions of the Supreme Court.
“I am advised by counsel and verily believe the court made fundamental errors of law including the ruling being per incuriam of constitutional provisions, statutes and previous decisions of the Supreme Court...Among these errors, I am advised by counsel and verily believe is an error whereby the courts subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” portions of the application read.
However, a ruling read by Chief Justice Anin Yeboah, Monday said the application was not based on law and that review discretion is not a try on and neither should it be asked on emotional grounds.
"We dismiss the instant application as being wholly without merit," he said.
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