Court Report – 28 January 2021
• The Court struck out the motion for stay of proceedings and the motion for abridgment of time as withdrawn.
• The Court was reconstituted to hear the motion for leave to file a supplementary statement of case and amend a paragraph in the statement of case in support of the motion for review, both filed by the Petitioner.
• After hearing arguments from counsel for the parties on the above mentioned motion for leave, the Court unanimously dismissed the application on the basis that it was not sanctioned by any rule of the Court. The Court held that reviews and appeals are very distinct and Court has been consistent in explaining the distinction in both jurisdictions in previous cases. The Court further held that the Tamakloe case cited by Mr. Tsikata did not support the application as he sought to argue. The Court concluded that acceding to the application will expand the scope of its review jurisdiction and that its inherent jurisdiction could not been invoked in this instance. The Court accordingly dismissed the application.
• The Court then proceeded to hear the motion for review of its ruling on the application for leave to serve interrogatories on the EC. The Court after hearing the arguments of counsel for the parties held that it was not satisfied that the application had met the grounds for review as stipulated in the Rules of Court and accordingly, again, unanimously dismissed the application.
• The Court adjourned the Petition to Friday, 29 January 2021 for hearing and informed the Petitioner that he will be expected to call his first witness.
Coram: Anin Yeboah, Apau, Marful-Sau, Amegatcher, Kotey, Owusu, Torkornoo [Amadu and Mensah Bonsu added for review jurisdiction of the Court]
Parties: Petitioner represented by National Chairman (Johnson Asiedu Nketia). 1st Respondent represented by Chairperson (Jean Mensa). 2nd Respondent represented by Campaign Manager (Peter Mac Manu).
Legal representation: Tony Lithur led by Tsatsu Tsikata for Petitioner; Justin Amenuvor with Somuah Asamoah for 1st Respondent; and Akoto Ampaw with Frank Davies, Kwaku Asirifi and Yaw Oppong for 2nd Respondent.