Politics

In A Few Minutes Of Hearing, Tsatsu Tsikata Has Made A Big Case For The Petitioner – More Details

 

 

 

 

 

The 2020 flag bearer of the National Democratic Congress (NDC), Mr. John Dramani Mahama seems not to be giving up on the election petition case.

Almost all of the applications filed by the lead counsel for the petitioner, Mr. Tsatsu Tsikata have been dismissed.

On Tuesday, February 16, 2020, the court in a unanimous decision ruled to dismiss an application filed by the petitioner to reopen his case.

 

 

 

 

The petitioner was also seeking to subpoena Mrs. Jean Mensah as an adverse witness.  The court in its ruling indicated that the petitioner has failed to prove the evidence can assist the pending case in any way.

The petitioner has however opposed the ruling and indicated that the court made errors in law.

Lead counsel for the petitioner, Mr. Tsatsu Tsikata has filed a fresh review and the court is sitting for a hearing.

This is the third time the petitioner is seeking a review in ruling of the court. In his argument, Mr. Tsatsu Tsikata indicated that it is not right for the court to base their judgment on English law.

 

 

 

 

He says the court has the power to reverse the decision if they realize their decision was made on error grounds.

“My Lords, an application for review is brought under article 133 (1) of the constitution and rule 56 of the Supreme Court rules.  There is no question that no reference is made from the statute of Ghana but an English law textbook. There is a whole quotation from the black’s law dictionary in that ruling. But that is not the law of Ghana. That should not be the case. So it a great error to have an English law going against the laws of Ghana”. Mr. Tsatsu Tsikata noted.

Mr. Tsatsu Tsikata cited a case where Judges of the Supreme Court revised a ruling after realizing they committed errors.

“And my Lords, the authorities are clear and we have cited the Republic against Tetteh where your Lordships in the Supreme Court reversed a decision of their own ruling because they failed to take into account a particular regulation. The unanimous decision was reversed”. Lawyer Tsatsu Tsikata argued.

These arguments were made on the floor of the court a few minutes after the hearing started on Monday morning.

 

 

 

 

 

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