Election Petittion: All That Happened In Court, 28 January 2021- Summery

28 January 2021 – Court Report

The election petition is getting more interesting as the court is going deeper to address the main issues.

The court struck out the motion for stay of proceedings and the motion for abridgment of the time as withdrawn.

The Court was reconstituted to hear the motion for leave to file a supplementary statement of the case and amend a paragraph in the statement of the case in support of the motion for review, both filed by the petitioners

After hearing arguments from counsel for both parties on the above-mentioned motion for leave, the court unanimously dismissed the application on the basis that it was not sanctioned by any rule of court. The court held the reviews and appeals are very distinct and the court has been consistent in explaining the distinction in both jurisdictions in previous cases. The court further held that the Tamakloe case cited by Mr. Tsatsu Tsikata did not support the application as he sought to argue. The court concluded that acceding to the application will expand the scope of its review jurisdiction and that its inherent jurisdiction could not be involved in the instance, the court accordingly dismissed the application.

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The court then Proceeded to hear the motion for review of its ruling on the application for leave to serve interrogatories on the EC. The court after hearing the arguments of counsel for both parties held that its was not satisfied that the application had met the grounds for review as stipulated in the Rules of Court and accordingly, again, Unanimously dismissed the application

The court adjourned the petition to Friday 29 January 2021 for hearing and informed the Petitioner that he will be expected to call the first witness.

Parties: Petitioner represented by National Chairman [ Johnson Asiedu Nketia ], First Respondent represented by Chairman [ Jean Mensa]. 2nd Respondent Represented by Campaign Manager [Peter Mac Manu].