The Supreme Court resumes sitting today, February 22, 2020 to hear an application for review filed by the petitioner, John Dramani Mahama.
Mahama is contesting a ruling by the court on Friday which prevented him from reopening his case.
In delivering the ruling, the Chief Justice, Anin Yeboah said that the lawyers for the petitioner have failed to persuade the panel to grant the motion.
"A mere filing of a witness statement is not an election to testify," Justice Anin Yeboah said.
He continued: "As we’ve already indicated in this ruling supra, the petitioner in this application has not given us an inkling of the new or fresh evidence he wants to bring to the fore through the Chairperson of the first respondent and how that evidence could assist the court to do justice to the matters under consideration in this petition. Neither has he disclosed how that evidence will advance the cause of his petition.
Lawyers for Mahama are hopeful that the nine-member review panel will reverse the decision which they contend to be a miscarriage of justice.
“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 court's subordinates a provision in the Evidence Act to a rule in subsidiary legislation by the Rules of Court Committee,” the application added.
Tsatsu Tsikata, lead counsel for Mahama is expected to mount fresh arguments on why the court should grant the application.
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