The Supreme Court on the second day of the pre-trial of the 2020 Presidential election petition gave strict timelines regarding filing of witness statement, motions, etc. The Petitioner (John Mahama) through his lawyer are expecting to file their Witness Statement by 1200hours but in an interview with a member of the legal team of Mr Mahama, Abraham Amaleba, he said they have representative at the registry of the Apex court to file a Stay of Proceedings.
The Court returned from recess at 10:55am and issued out the following orders.
Ruling by the Supreme Court on 20/01/2021
1. The issues for the trial were as follows (paraphrased):
a. Whether or not Petitioner’s petition discloses a reasonable cause of action?
b. Whether or not based on the statement of results by the EC, the 2nd Respondent crossed the threshold in article 63?
c. Whether or not the 2nd Respondent the exclusion or inclusion of the Votes in Techiman constituency crossed the threshold in article 63(1)?
d. Whether or not the alleged case of voting padding affected the results of the 2020 elections?
e. Whether or not the declaration of 9th December, 2020 breached article 63 of the 1992 constitution?
2. Mode of trial: Petitioner is to file witness statements or exhibits if any, by Thursday, 21st January, 2021 and the Registrar is to ensure service on Respondents. Respondent to Respond by 22nd January, 2021 and the Registrar should serve same that day.
3. Respondents to file their submission on preliminary objection by Friday 22nd January, 2021 and Petitioner to respond by Monday, 25th January, 2020.
4. Hearing: Hearing of the matter shall commence on 26th January, 2021 and the decision on the preliminary objection shall be incorporated in the final judgment.
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