Lawyer for the petitioner in the ongoing 2020 election petition at Supreme Court, Tsatsu Tsikata has prayed the judges to rule on the matter according to their conscience.
“May each of your lordships decide in accordance with your conscience and your judicial oath,” he told the court during his review application for leave to reopen their case.
He also cited a verse from Hosea 8:7 in the Bible to make his case.
“For they sow the wind, and they shall reap the whirlwind. He that hath ear let him hear”.
Subsequently, the judges asked Tsikata to show if there is a conflict between Section 26 of the Evidence Act (NRCD 3230 and Order 38 rule 3 e 5.
Tsikata argued again that order 38 rule e 5 has nothing to do with section 26 in the court’s ruling.
The judges said they did not say order 38 rule 3 e 5 is superior to section 26.
Tsikata further berated in his argument that he was taken aback when the court made reference to the black’s law dictionary but failed to reference the statute laws of the land, Section 72(1) of the Evidence Act.
Section 72(1) of the Evidence Act states that:
“Subject to the discretion of the court, in a civil action a party, or a person whose
relationship to a party makes the interest of that person substantially the same as a party may be called by an adverse party and examined as if on cross-examination at any
time during the presentation of evidence by the party calling the witness.”
Background
Former President John Dramani Mahama, the Petitioner in the ongoing Election Petition, is seeking a review of the Supreme Court’s ruling against his motion to re-open his case today, February, 22, 2021.
The Supreme Court on February 16, 2021, chaired by Justice Kwasi Anin Yeboah dismissed the application in which the Petitioner was asking to be allowed to re-open his case and subpoena the Chairperson of the Electoral Commission (EC) to mount the witness box as his “hostile witness.”
The Supreme Court will today, Monday, February 22, 2021, constitute a nine-panel justice to hear the application filed by the petitioner.
Mr. Mahama filed the application on Friday, February 19, 2021.
However, in a motion for Review which has been tabled for hearing today, the Petitioner in his affidavit in support of the motion stated that the fundamental errors have occasioned a miscarriage of justice against him.
Source: Ghana/Kasapafmonline.com/102.5 Fm
