Reasons Why Mahama And NDC Should Have Known They Will Lose The Petition Case

The seven or at times nine judges of the apex court who were hearing the 2020 Election Petition were called upon on 11 occasions to rule on various issues. 

These were matters that have seen lawyers representing the Respondents (EC and President Akufo-Addo) take positions contrary to the position of the petitioner,Mr. John Mahama. 

The seven judges who heard the case are Chief Justice Kwasi An in Yeboah, Justice Yaw Appau,Marful Sau,Nene Amegatcher,Prof. Kotey,Mariana Owusu,and Gertrude Torkonoo. 

They were on three occasions joined by Amadu Tanko (all three occasions) ,and Prof Henrietta Mensa Bonsu(twice),and Avril-Lovelace Johnson (once). 

On Thursday, March 4,2021,the apex court dismissed the petition by the National Democratic Congress (NDC) and it's leader,John Dramani Mahama,and ruled in favour of  the sitting President of Ghana, Nana Addo Dankwa Akufo-Addo.

These are some of the indications that the Supreme Court will eventually dismiss the petition.

The rulings so far

All the court's decisions in the last few weeks have been unanimous 7-0 and 9-0 on four occasions. 

1. First it unanimously granted the petitioner's request to amend the petition to correct minor mistakes that did not affect the substance of the petition. 

Mahama's lawyers move to correct errors in 2020 election petition.

2. It unanimously dismissed a request for interrogatories to be served. These were 12 questions they wanted the EC Chairperson to answer. 

Supreme Court dismisses Mahama's 12 interrogatories for the EC. 

3. Constituted as a 9 member panel,it unanimously dismissed a request to substitute a paragraph and ads additional ground in a push by the petitioner to have the interrogatories ruling reviewed. 

Allow me to demonstrate further that your ruling was contrary to law - Mahama to Supreme Court.

4. The 9 member panel also unanimously dismissed the review of interrogatories ruling itself. 

Supreme Court dismisses Mahama's application to review ruling on interrogatories. 

5. The original 7 member panel by a unanimous decision struck out portions of the petitioner's witness (Asiedu Nketia) statement (7 paragraphs) while maintaining 3 parts following a request by the Respondents. 

Supreme Court strikes out 7 portions of Asiedu Nketia's statement. 

6. This panel also unanimously dismissed a request by the petitioner for documents to be inspected. 

Supreme Court dismisses Mahama's application to inspect 6 EC documents. 

7. The panel unanimously struck out 5 parts of 32 paragraphs of the petitioner's witness statement (Mettle-Nunoo). 

Supreme Court strikes out 5 paragraphs from Mettle-Nunoo's witness statement;27 maintained. 

8. The panel unanimously rejected the petitioner's request to compel the EC to call Jean Mensa to testify. 

We cannot compel Jean Mensa to give evidence - Supreme Court Judges.

9. The panel unanimously dismissed the petitioner's request to reopen case. 

You cannot reopen your case - Supreme Court dismisses Mahama's application.

10.  The enhanced 9 member panel dismisses the petitioner's request that it reviews its decision not to compel Jean Mensa to testify. 

Jean Mensa cannot be compelled to testify - Supreme Court affirms earlier ruling.

11.  An enhanced 9 member panel dismissed a request that it reviews its decision not to allow the petitioner reopen case. 

Review jurisdiction should not be used as emotional reaction to unfavourable judgement - Supreme Court dismisses Mahama's latest application.

From the above,it has been only one occasion that a request by the petitioner was been wholly granted. 

This was the request to correct mistakes. 

The petitioner's viewpoint was been partly upheld in two occasions when it came to striking some portions of witness statements. 

The legal arguments of the respondents was however swayed the judges 8 times.