The Supreme Court has turned down a request for interlocutory injunction by the lawyer of former President John Mahama, Tsatsu Tsikata, in the ongoing 2020 Election Petition Hearings.
Mr Tsikata moved the application on Tuesday, January 19, 2021 after it was filed on Monday, January 18, 2021.
The application aimed at asking the Supreme Court to grant leave for the Electoral Commission (1st respondent) to answer 12 questions.
The questions which were likely to be answered by the Chairperson of the Electoral Commission, Jean Mensa, had to do with the declaration of the presidential election results on December 9, 2020.
Moving the motion during the pre-trial phase televised live on Tuesday, January 19, 2021 and monitored by African Entertainment, Mr Tsikata told the seven-member panel of judges of the Supreme Court that the objective of the application was to “narrow down” the issues for the trial.
But the panel of judges of the Apex court presided over by Chief Justice, Justice Kwasi Anin Yeboah, after returning from recess, dismissed the application.
It was the view of the Court that the key issues of relevance as far as the petition hearing is concerned, had not been established by the petitioner, Mr Mahama.
In its ruling, the Court categorically stated that “reference was made to the 2013 [presidential election] petition in which an application for inter-locutories were granted by the Supreme Court.”
The Supreme Court further noted that “However, subsequent to 2013, several statutory amendments have been made by C.I. 99 of 2016 which has restricted the practice and procedure of this court as regards Election Petition.”
According to the Court, “Indeed Rule 69 of the Supreme Court amendment in C.I. 99 directs the expeditious disposal of petitions and sets timeliness for this court to dispose off the petition.”
“It implies that even amendments brought here and granted as well as…, subsequent statutory amendments pointed out after the 2013 [presidential election petition], has provided us [court] with new procedural regime and strict timelines,” it said.
“We are strictly bound to comply with C.I. 90 and therefore we will not apply Order 22 of C.I. 45 of 2004 in this circumstances,” according to the Court.
“We accordingly refuse to grant the application and same is accordingly dismissed,” the Supreme Court further noted.
Meanwhile, prior to the Court’s ruling, lawyer for the Electoral Commission, Amenuvor, opposed the request, arguing that the questions the petitioner wanted answers to were already in the petition to which the EC had responded and that they could also be addressed during cross examination.
Hearing has been adjoined to 9:30am on Wednesday, January 20, 2021.
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