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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.