The petitioner in the ongoing Election petition case at the Supreme Court has filed for the substantive case to be halted until the court hears his application for a review of the court’s decision not to allow the petitioner reopen its case.
The application for stay of proceedings which was filed by counsel for the petitioner, Tony Lithur, said the court made some fundamental errors in its ruling, including deciding without regard to certain statutory provisions and earlier binding decisions of the court.
In its affidavit, it said for the petitioners and respondents to be asked by the court to file their closing statements when there is a pending issue to be determined in the review application on whether or not the EC Chairperson should be cross examined will cause irreparable harm to the conduct of its case, since they expect to be able to cross examine the EC Chairperson.
According to the petitioner, the instances cited are exceptional circumstances for which reason it wants the court to halt proceedings until its review application is heard.
The petitioner says a decision not to stay proceedings would create the impression that the review application has been predetermined, adding that, no prejudice will be caused to the respondents should the application be granted.
The petitioner has also filed an application for a review of the Court’s decision not to allow him to reopen his case.
According to the petitioner, the court made fundamental errors of law including the ruling being per incuriam of statutes and previous decisions of the Supreme Court that have led to what he says is a miscarriage of justice against him.
He says these errors as stated are enough for the court to review its decision for which reason he has filed the application.