The Petitioner in the election 2020 petition, John Mahama has argued that denying him the opportunity to serve interrogatories on the Electoral Commission (EC) will damage his election petition case at the Supreme Court.
Mahama’s concern is contained in his fresh application seeking to halt the election petition until the Supreme Court reviews it’s ruling on some 12 questions (interrogatories) he wants the Electoral Commission to answer.
The apex court in dismissing the interrogatories application said Mr. Mahama’s legal team failed to convince the court on the relevance of the questions.
In the application for a stay of proceedings, Mr. Mahama said he was compelled by “certain fundamental errors of law that the court made in its ruling leading to a miscarriage of justice.”
He said the denial of the chance to pose the interrogatories to the EC was “a serious miscarriage of justice which we expect to have remedied in the review.”
“At the hearing of this application, counsel will crave the indulgence of the Court to refer to the statement of case in support of the application for review, particular, to show that there are indeed serious matters of law that are to be determined in this review application, and I am likely to succeed, as the ruling of the court is manifestly in error.”
Though time has been noted as a concern in the case, Mr. Mahama further maintains that the “use of the mechanism of interrogatories will ensure a speedier trial.”
On why he wants the petition halted, Mr. Mahama said there would be “irreparable harm” caused to his case because of the effect on pre-trial processes.
In the main case, the NDC flagbearer is arguing that neither he nor President Akufo-Addo attained a clear majority during the 2020 polls.
This is because of the omission of the Techiman South constituency from the declaration of results.
Mr. Mahama has asked the Supreme Court to order a re-run of the presidential election for him and the incumbent.
The stay of proceedings application will be heard on Tuesday, January 26, 2021.