NDC, NDP to march over election petition qualms February 25

The Joint Committee of the NDP and NDC has notified the police of a planned peaceful demonstration by the members of the National Democratic Party (NDP) and the National Democratic Congress (NDC) and some polite society organizations (CSOs) in accordance with the Public Order Act.

The demonstration is booked for Thursday, 25 February 2021, from 7:30 am.

The demonstrators will start from the Obra Spot at the Kwame Nkrumah Circle and walk through the principal roads of Accra to the EC Headquarters, Supreme Court and end at the Mantse Agbona Park.

A letter co-endorsed by a founding father of the NDP, Owusu Cobbiah Richard, and a member of the NDC, Kobby Ramson, on 18 February 2021, stated that purpose of the march is to draw international attention to the ongoing election petition at the Supreme Court through which former President John Mahama is challenging the aftereffects of the December 2020 presidential election results.

The group says its members have qualms about the proceedings.

Mr Mahama as of late petitioned for an audit of a decision by the court which said he was unable to resume his case.

The Supreme Court, on Tuesday, 16 February 2021, decided unanimously that Mr Mahama couldn’t return his case for the sole purpose of subpoenaing the star witness of the EC and using her as an “adverse” witness.

Boss Justice Anin Yeboah read the ruling, which cited several authorities to brace the court’s position.

“A simple filing of a witness statement is not an election to affirm”, Justice Anin Yeboah said.

He continued: “As we’ve already indicated in this ruling supra, the petitioner in this application has not given us an inkling of the new or new proof he wants to bring to the fore through the Chairperson of the principal respondent and how that proof could assist the court to do equity to the matters viable in this petition. Neither has he disclosed how that proof will advance the cause of his petition.

“For the above-stated reasons, we find no merit or favor in the petitioner’s application to resume his case for the sole purpose of compelling his adversaries’ intended witness to affirm through a subpoena without indicating such a proof he intends to solicit from the said witness and how that proof is going to help the court in resolving the dispute before us. We accordingly decline the application and continue without any hesitation to dismiss it”, the ruling said.

Notwithstanding, Mr Mahama, in an audit application recorded by his lawyers, said the court committed mistakes in law in its ruling.

“I’m advised by guide and verily believe the court made fundamental mistakes of law including the ruling being per incuriam of constitutional provisions, statutes and past decisions of the Supreme Court”, parts of the application said.

“Among these blunders, I am advised by direct and verily believe is a mistake whereby the court’s subordinates a provision in the Evidence Act to a standard in subsidiary legislation by the Rules of Court Committee,” he noted.

According to him, “the fundamental mistakes, which have occasioned a miscarriage of equity are set out in the statement of case herewith attached”.

“I’m advised and verily believe that they constitute exceptional circumstances that warrant the court reviewing its own decision”, he argued.

The court will hear the application on Monday, 22 February 2021.

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