We will throw your case out if you don’t file your witness statements, the Supreme Court has warned Mahama.
The Supreme Court has warned John Mahama that it will dismiss his petition should his legal team continue to disregard its orders.
This comes on the back of the refusal of Mahama’s lawyers to file witness statements and other relevant materials at the Court’s registry on Thursday, January 21, 2021, as ordered.
The lawyer for Mr. Mahama, Tony Lithur explained to the Supreme 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 took a serious exception to the position, John Dramani Mahama is now to file his five witness statements by Wednesday, January 27, 2021.
Mahama wants a rerun of the election between him and Akufo-Addo, stating that there was no winner contrary to the outcome declared by the Electoral Commission.
The votes difference between the two candidates stood at 517, 231, representing a four percentage point, one of the highest since 1996.
Chief Justice Kwasi Anin-Yebaoh in reading the decision of the Court said Mr. Mahama must comply with the orders of the Court 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.”