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Election Petition: Second Respondent opposes Petitioner’s review application

The Supreme Court of Ghana.

Counsel for Second Respondent, President Nana Addo Dankwa Akufo-Addo, has filed an affidavit to oppose Petitioner’s motion for review of Supreme Court’s ruling to reopen case dated February 16, 2021.

He contended that the application was misconceived, raised no exceptional circumstances that had occasioned a miscarriage of justice and that it was an abuse of the process of the Court.

The Second Respondent said the application raised no new matter and it was only a rehash of the arguments by Counsel for the petitioner, Mr Tsatsu Tsikata, in the proceedings of February 15 2021 and as such failed to properly invoke the Court’s review jurisdiction.

“In the circumstances, I pray that the present application be dismissed and punitive cost awarded against applicant,” he said.

On February 16, 2021, the Supreme Court dismissed an application filed by the Petitioner for motion on leave to reopen his case and subpoena Mrs Jean Mensa, the Chairperson of the Electoral Commission, the first respondent in the trial.

Chief Justice Kwasi Anin-Yeboah said,” a mere filing of a witness statement is not an election to testify.”

Former President Mahama has filed a Petition at the Supreme Court seeking an annulment of the Presidential election results and a re-run of the election between him and Nana Akufo-Addo who is the second Respondent in the petition.

The Petition is also seeking an injunction directing the 1st Respondent, the Electoral Commission to proceed to conduct a second election between the petitioner and the 2nd respondent as candidates, as required under Articles 63 (4) and (5) of the 1992 constitution.

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