Supreme Court Orders Mahama To File Witness Statement or Have His Case Thrown Out
The Supreme Court of Ghana has ordered former president John Mahama who is the petitioner in the ongoing Election petition hearing to file his five witness statements by Wednesday, January 27, 2021 or have his case dismissed.
A seven-member panel of the Supreme Court presided by Justice Kwasi Anin Yeboah on January 20, 2021 adopted five major issues that the Court would be considering for the hearing of the 2020 Presidential elections of which as part of the orders directed the petitioner and his lawyers to file their witness statement by 12 noon on January 21, 2021.
Mr. Mahama failed to comply to enable hearing of the case today, January 26, 2021.
Lawyer for Mr. Mahama, Tony Lithur explained to Court that it was their understanding that per their application for stay of proceedings, they were not to file the processes expected.
The court however in its reading directed Mr. Mahama and his legal team to comply with the orders of the court by the close of Wednesday, January 27, 2021 or risk having his case dismissed.
“The petitioner is referred to the following rules of court. Rule 69 (C4B) of the Supreme Court of rule C.I.16 as amended by C.I. 99 which reads the court may dismiss the petition where the petitioner fails to file the processes regarding the petition within the specified time or hear and determine the petition when the respondents fail to file their answers or the processes regarding their answer within the specified time. Indeed, this position in the procedural rules of the Supreme Court relating to presidential election petition is echoed through the different hierarchy of court in current case management structure and will not be compromised.”
“Order 32 rule 7 of A sub-rule 3 of the High Court civil procedure amendment rule 2004 C.I. 87 which governs trials in the High Court has a similar provision which states where a party has failed to comply with any of the directions given at a case management conference or pre-trial review or both, the judge may make the following by striking out the action, if the non-complying party is a plaintiff or strike out the defense and counter if the non-complying party is a defendant or order any party to pay a cost or make any appropriate order. The petitioner is again directed to file his witness statements on the matters raised in his petition and other pleadings and his response to the preliminary objection by close of the day, Wednesday, January 27, 2021, failing which this court will proceed to invoke the sanctions imposed on this court by the rules of court.”