Mahama seeks review of Supreme Court ruling; applies for stay of proceedings too

Counsel for the petitioner in the 2020 Presidential Election Petition Tsatsu Tsikata has served notice to the Supreme Court that the petitioner, John Dramani Mahama, has filed a motion for the review of the ruling the court gave on Thursday, February 11.

Mr Tsikata also said a stay-of-proceeding application will be filed.

The Court ruled in favour of the 1st Respondent – Electoral Commission – on February 11 with a decision that its chairperson, Jean Mensa, could not be compelled into the witness box to testify if the 1st Respondent so wishes to close its case without calling further witnesses.

Mr Tsikata had argued that the 1st Respondent could not close his case without calling the witness, Jean Mensa, to testify when she had already filed a witness statement.

He contended that the filing of the witness statement by Jean Mensa amounted to an election to testify and that she could not renege on it.

But the Court ruled that witnesses in law cannot be compelled to testify if they so decide.

The petitioner then filed a motion to re-open his case to be able to subpoena the chairperson of the 1st Respondent.

That, the court dismissed Tuesday, February 16.

Mr. Tsikata told the Court after of the ruling Tuesday that petitioner has filed an application for review of its decision that Jean Mensa cannot be compelled to testify.

He also told the court the petitioner will also file an application for stay of proceedings.

He said it is not aware if a day has been fixed for the hearing of that motion but that the next phases of the cases will depend on the motions filed.

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“I wish to notify your Lordships that we have filed this morning, we have filed for a review of your ruling of 11th February and in connection with that we are also filing an application for stay of proceedings, pending the hearing of that review application and no doubt the next steps of this case will be dependent on those applications,” he told the Court.