Former president John Mahama has returned to the Supreme Court again to correct another mistake in his election petition challenging the validity of Election 2020.
His lawyers on Monday 25 January filed an application on the ground for review challenging the dismissal of their application to serve interrogatories on the Electoral Commission.
Mahama is therefore praying the court for an order granting him leave to “file and /or argue an additional ground for his application for review filed on 20th January 2021, replace paragraph 28 of the original statement of case and to file a supplement to the Statement of Case.”
“The Original Statement of Case filed on 20h January 2021, is hereby amended by the substitution of Paragraph 28 with the following:
“There is no reference whatsoever in Rule 69(C)(4) of C.l. 99 to amendments. It is rather Rule 68(7) and Rule 69A (6) which provide, respectively as follows: 68(7) A petitioner shall not amend a petition so as to add unto or alter the grounds of petition as stated in the filed petition”. “69A(6) ‘The respondents to the petition shall not amend an answer to the petition so as to add unto or alter the answer to the filed petition”. “In the clear terms of these provisions, it is not the case that amendments ought not to be sought or granted. The provisions are limited and are very clearly qualified. In respect of the Petitioner, an amendment sought by him is prohibited only to the extent that such an amendment seeks to add unto or alter the grounds of petition. Other kinds of amendment may be sought or granted. Similarly, in respect of the Respondents, an amendment sought by any of them is prohibited only to the extent that such an amendment seeks to add unto or alter the answer to the filed petition,” the new application reads.
It added: “Other kinds of amendment may be sought or granted. The fundamental legal errors that the ruling of my Lords contain are compounded by two factors, namely, (a) Rule 69(CX4) of C.l. 99 has nothing to do with amendments; and (b) only amendments which seek to add unto or alter the grounds of the petition or the answer to it are disallowed, and not all amendments as my Lords held.”
The court has already fixed 26 January 2021 to begin hearing the election petition case.
Source: Daily Mail GH
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