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Supreme Court asked itself a wrong question and answered – Ayine

A spokesperson for the petitioner in the ongoing election petition, Dominic Ayine, has said the apex court erred in dismissing an application.

Petitioners were seeking to reopen their case to enable them adduce further evidence, specifically subpoena the Electoral Commission head, Jean Mensa.

According to the former Attorney General who addressed journalists at the end of February 16, 2021, sitting in the court, the court asked itself a wrong question and answered it.

The dismissal of the application was read by Chief Justice Kwasi Annin-Addo.

“The Supreme Court asked itself a question, which we deem was a wrong question and answered. It said why does the chairperson need to account to the people of Ghana when she is not a party to the suit?

“Now, you recall that counsel made it very clear that one of the reasons why we are in court is because of the unconstitutional conduct of Mrs Jean Adukwei Mensa as the returning officer under the constitution,” Ayine said.

He also claimed that the court during its ruling had further slashed the five issues for determination to one. “And it is not true that there is only one issue in this matter. I am surprised that the Supreme Court having set down five key issues to be determined is now reducing the issues to one,” he said.

He expanded on the said single issue: “… whether and the extent to which the evidence that we have led shows that no one got more than 50% of the votes in accordance with article 63 of the constitution.”

His claim that issues have been reduced, has since been flatly dismissed as a misreading of the judgment according to information minister-designate Kojo Oppong-Nkrumah when he also took his turn to address the media.

Petitioners have said they will appeal the ruling and also apply to formally make further submissions on the application to reopen their case.

The Chief Justice subsequently asked the petitioners to file a process which would be heard on Thursday when the court next sits.


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