A member of the spokespersons for John Dramnani Mahama, in the ongoing election petition hearing, Dr. Dominic Ayine has said their legal team will not create room for the petition they have filed at the Supreme Court to be struck out.
He said they will therefore comply and file their witness statements by close of today, Wednesday, January 27, 2021, as instructed by the apex court.
This follows the Supreme Court’s final orders to the petitioner to file his five witness statements by the above date or have his case dismissed.
Mr. Mahama failed to comply with an earlier directive issued last week to file the processes by January 21, 2021, to enable hearing of the substantive matter commenced yesterday [January 26, 2021].
Speaking to the media after the court hearing, Dr. Ayine admitted that the legal representation of the petitioner has taken cognizance of the repercussions of failing to do as instructed hence will abide by the Supreme Court’s order.
“We are prepared, the witness statements will be filed with all its exhibits by close of day tomorrow. We are fully aware of the consequences of rule 79 of the Supreme Court rules. It is a rule that cuts across from the district court all the way to the Supreme Court and as lawyers, we are very much aware that if you fail to take a step ordered by the court, the court within its jurisdiction and power can dismiss your application of the case that you have brought.”
“So we are very much aware of it, but we don’t intend to bring about a situation that will trigger the application of rule 79. The witness statements will accordingly be filed tomorrow, and I am very sure that the public will have copies of the witness statements”, Dr. Ayine added.
The Supreme Court has ordered the petitioner in the ongoing Presidential Election Petition, John Dramani Mahama, to file his witness statements and arguments in response to the preliminary objection raised by the respondents latest by today, Wednesday, January 27.
The court also expressed dissatisfaction with the conduct of the petitioner and warned it will take appropriate actions against him if he fails to compile with the order to file the witness statements and arguments by the given deadline.
These actions, the court said could include the dismissal of the petition
The court ordered during its last sitting on Wednesday, January 20, that all parties file their witness statement by Thursday noon, an order the counsel for the petitioner, Lawyer Tsatsu Tsikata contended was too short a time.
The petitioner had also filed a motion seeking a review of the ruling the court gave on the petitioner’s earlier application for interrogatories, but that motion was not granted.
Between the last sitting and today, the petitioners again filed a motion insisting on a review of the court’s ruling on the interrogatories and also to amend paragraph 28 of the original petition as well as add to it.
The court on Tuesday, January 26, did not grant any of the motions but rather ordered that its earlier orders be compiled with. It is worthy to note that the 1st Respondent Electoral Commission of Ghana and the 2nd Respondent Akufo-Addo have filed their witness statements as was ordered by the court on January 20.
Meanwhile, the case has been adjourned to Thursday, January 28