Election Petition: Mahama’s application for stay of proceedings struck out

Mahama’s application for stay of proceedings struck out

The application of stay of proceedings filed by the 2020 presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama, in the ongoing election petition case, has been struck out by the Supreme Court.

Mr. Mahama’s lawyers on Tuesday, February 16, 2021, filed the application aimed at freezing the hearing of the substantive matter to allow for an application for review of the court’s earlier ruling on the respondents putting forth witnesses heard.

The apex court ruled that Chairperson of the Electoral Commission, Jean Mensa, could not be compelled to testify and be cross-examined as a witness.

Mr. Mahama through his lawyers filed for a review of the ruling which necessitated the application for stay of proceedings; a request thrown out.

The court in ruling on the matter said the determination of the review application renders the stay application moot.

The Chief Justice, Kwasi Anin-Yeboah in delivering the ruling said, “the court is of the opinion this application was filed pending the determination of the review application which has been determined. So we are of the opinion that this application is moot and proceeds to strike it out.”

What happened earlier today in court?

The Supreme Court earlier in a unanimous decision dismissed the application filed by the petitioner, seeking a review of an earlier ruling affirming the right of the Chairperson of the EC, Jean Mensa not to testify in the ongoing case.

In that ruling, the court also said the petitioner didn’t convince the bench to depart from its earlier ruling.

“The applicant has failed to satisfy the court that a new or important matter resulted from the reference to the constitutional provisions referred to [in the earlier ruling].”

“In the result, the application fails, and it is hereby dismissed,” the Chief Justice read on behalf of the panel of justices.