Petition: Supreme Court had predetermined agenda to block Mahama from reopening case- Ayine Dominic Ayine
Opinion

Petition: Supreme Court had predetermined agenda to block Mahama from reopening case- Ayine

Spokesperson for the lawyers of the petitioner in the ongoing election petition hearing, Dr Dominic Ayine has said the justices of the Supreme Court of Ghana had a predetermined agenda to rule against the petitioner, Mr John Dramani Mahama in an attempt to reopen the case He accused the justices of doing a great disservice to the people of Ghana by dismissing an application filed by the petitioner to reopen his case. Speaking to the media after court proceedings on Tuesday February 16, the former Deputy Attorney General said “I am surprised that the Supreme Court itself, having set out five key issues to be determined, is now reducing the issues to one which is whether and the extent to which the evidence  that we have led  shows that no one got  more than 50% of the votes  in accordance with Article 63  of the Constitution. “But we have made abundantly clear in the petition that there were a number of infractions. We are contesting even the constitutionality of the declaration that was made. We are saying that she violated Article 23 of the constitution because she is an administrative body. “We have also said her exercise of discretion was contrary to Article 296 of the constitution. These are all germane issues under the constitution and laws of Ghana. To reduce the petition in to a single issue petition is rather unfortunate and smack of a predetermined agenda to rule against the petitioner in this matter.” He added “For the court to say that we were bound by law to make our evidence available for it to assess before allowing us to reopen our case is legally problematic proposition, therefore we disagree with the court. “We think that the court by this decision has not done the people of this country a great service. In the sense that Ghanaians are interested in knowing the truth.  Our constitution is very clear that justice emanates from the people and must be exercised in the name of and the welfare of the people. “The justices today have not given us a reason to believe that they want the people of this country to know the truth about what happened. “ The Supreme Court has yet again dismissed another application of John Dramani Mahama, the petitioner in the ongoing election petition hearing. According to the Court, the petitioner, inter alia, has not adduced enough evidence, or an inkling of that, to convince the bench for the case to be re-opened. Reading the ruling on Tuesday, February 16, Presiding Judge Justice Kwasi Anin-Yeboah said even at the time the application was filed, the petitioner as well as the respondents had closed their cases. He said the petitioner is not entitled to an application of that nature as a matter of right, an argument he adduced through counsel Tsatsu Tsikata on Monday, February 15. Chief Justice Anin-Yeboah, who is also Ghana’s Chief Justice, said such application can be granted by discretion. “That discretion is, however, one which should be exercised per rules and with restraint as a motion to reopen necessarily involves a balancing of the accountability of counsel for the decisions regarding prosecutions of this case and the interest of justice. “Accordingly, we weighed the propriety of re-opening proceedings to permit additional evidence to be led or tendered and Court will typically consider three broad questions. Will the evidence, if it had been presented during the trial, have had any influence on the result? [The second question is] could the evidence have been obtained before beginning trial by the exercise of reasonable diligence?” In tabling his argument on Monday, February 15 for the bench to grant his application for the case to be re-opened, Mr Tsikata said the Chair of the First Respondent, Jean Adukwei Mensa, would have been subpoenaed to appear as a hostile witness. This the Court found “baffling”, according to Justice Anin-Yeboah. He, therefore, concluded: “We find no merit or so why the petitioner in his application to reopen his case for the sole purpose of compelling his adversaries’ intended witness to testify through a subpoena without indicating the sort of urgency he intends to solicit from the said witness and how that evidence is going to help the Court in resolving the dispute before us. “We accordingly refuse the application and proceed without any hesitation to dismiss it.” 3news Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: +233555568093

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You have done a great disservice to Ghanaians – Ayine to Justices of Supreme Court
Opinion

You have done a great disservice to Ghanaians – Ayine to Justices of Supreme Court

Spokesperson for lawyers of the petitioner in the ongoing election petition hearing, Dr Dominic Ayine has said the justices of the Supreme Court of Ghana have done a great disservice to Ghanaians for dismissing an application filed by the petitioner to reopen his case. Speaking to the media after court proceedings on Tuesday February 16, the former Deputy Attorney General said “I am surprised that the Supreme Court  itself, having set out  five key issues to be determined,  is now reducing  the issues to one which is whether and the extent to which the evidence  that we have led  shows that no one got  more than 50% of the votes  in accordance with Article 63  of the Constitution. “We have made abundantly clear in the petition that there were a number of infractions. We are contesting even the constitutionality of the declaration that was made. We are saying that she violated Article 23  of the constitution because she is an administrative body “For the court to say that we were bound by law to make our evidence  available for it to assess  before allowing us to reopen our case  is legally problematic proposition, therefore we disagree with the court . “We think that the court by this decision has not done the people of this country a great service. In the sense that Ghanaians are interested in knowing the truth.  Our constitution is very clear that justice emanates from the people and must be exercised in the name of and the welfare of the people. “The justices today have not given us a reason to believe that they want the people of this country to know the truth about what happened. “ The Supreme Court has yet again dismissed another application of John Dramani Mahama, the petitioner in the ongoing election petition hearing. According to the Court, the petitioner, inter alia, has not adduced enough evidence, or an inkling of that, to convince the bench for the case to be re-opened. Reading the ruling on Tuesday, February 16, Presiding Judge Justice Kwasi Anin-Yeboah said even at the time the application was filed, the petitioner as well as the respondents had closed their cases. He said the petitioner is not entitled to an application of that nature as a matter of right, an argument he adduced through counsel Tsatsu Tsikata on Monday, February 15. Chief Justice Anin-Yeboah, who is also Ghana’s Chief Justice, said such application can be granted by discretion. “That discretion is, however, one which should be exercised per rules and with restraint as a motion to reopen necessarily involves a balancing of the accountability of counsel for the decisions regarding prosecutions of this case and the interest of justice. “Accordingly, we weighed the propriety of re-opening proceedings to permit additional evidence to be led or tendered and Court will typically consider three broad questions. Will the evidence, if it had been presented during the trial, have had any influence on the result? [The second question is] could the evidence have been obtained before beginning trial by the exercise of reasonable diligence?” In tabling his argument on Monday, February 15 for the bench to grant his application for the case to be re-opened, Mr Tsikata said the Chair of the First Respondent, Jean Adukwei Mensa, would have been subpoenaed to appear as a hostile witness. This the Court found “baffling”, according to Justice Anin-Yeboah. He, therefore, concluded: “We find no merit or so why the petitioner in his application to reopen his case for the sole purpose of compelling his adversaries’ intended witness to testify through a subpoena without indicating the sort of urgency he intends to solicit from the said witness and how that evidence is going to help the Court in resolving the dispute before us. “We accordingly refuse the application and proceed without any hesitation to dismiss it.” 3news Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: +233555568093

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Jean Mensa should take the box, tell the truth and the truth shall set her free – Dominic Ayine Dominic Ayine
Politics

Jean Mensa should take the box, tell the truth and the truth shall set her free – Dominic Ayine

A spokesperson for the petitioner, John Dramani Mahama in the ongoing Election Petition case has urged the Chairperson of the Electoral Commission (EC), Jean Mensa to avail herself and mount the witness box for cross-examination. Speaking to the press after today’s court hearing, Dr Dominic Ayine indicated that a truthful testimony under oath will set her free and will be in honour of the God she serves. “Jean Mensa should voluntarily take the box, tell the truth and that truth shall set her free as the Returning Officer of this elections. There is no better way to glorify God than to tell the truth, the truth is very important, if you want to glorify God you take an oath and you tell the truth. Jean Mensa should take the box, tell the truth and the truth shall set her free – Dominic Ayine Quoting the Good Book to buttress his point, Dr Ayine noted that “Christ himself said it, in the gospel of John 8:32 that you shall know the truth and the truth shall set you free.” This comment follows a decision by counsels for the 1st and 2nd Respondents not to call forth any witnesses to testify. Following that, Mr Mahama filed a new application to reopen his case so he can subpoena Jean Mensa to testify after she refused to mount the witness box. However, the Supreme Court during its hearing on Thursday, February 11 ruled that it cannot compel Jean Mensa to testify against her will. Arguing his case in court for a reopening of Mahama’s case, Monday, the lead counsel for the Petitioner, Tsastu Tsikata told the apex court that if the Electoral Commission Chair, Jean Mensa testifies to the truth, she will honour the God that she serves. He said that Jean Mensa is a witness “who gave glory to God for what she was doing” and added that she should assume the witness box in honour of the God that she gave glory to in making a “purported declaration”. “My Lord, the statement I am making is that it would honour that God if she would come forward as a witness of truth,” he added. Both the EC and Akufo-Addo’s legal team are of the opinion that the petitioner has lost his footing in the case, hence their pursuit of Jean Mensa as a witness to revive their case. Dominic Ayine, however, refuted that assertion, stating that Mahama’s legal team wants Jean Mensa to testify in order to account for the conflicting numbers she declared. “If you look at C.I. 99 it does not provide against compelling a witness to come and testify. So the subpoena that we are seeking to issue is in pursuit of the truth, we want Ghanaians to know how 51.589 became 50.08 something. “Ghanaians have the constitutional right to know and so for you to say that just by reason only of the fact that we are seeking to get her to come and testify, we are doing so because our case is empty and there is no evidence to prove it is totally disingenuous,” he stressed. Meanwhile, the court has adjourned proceedings to Tuesday, February 16 to deliver its ruling on the reopening of the petitioner’s case. Myjoyonline Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: +233555568093

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Election Petition: Dominic Ayine explains reason for his ‘misconduct’ in court Dominic Ayine
Politics

Election Petition: Dominic Ayine explains reason for his ‘misconduct’ in court

A member of the legal team for the flagbearer of the National Democratic Congress, Dominic Ayine, has explained that the reason for his misconduct earlier in court today was because he was shocked at the proceedings in court. The Chief Justice, Justice Anim Yeboah, chided the former Deputy Minister for Justice and Attorney General, Dominic Ayine, for continuously raising objections while the timelines for the hearing were being readout. According to the Supreme Court, the decision had to be taken looking at the strict timelines guiding the election adjudication dispute as contained in the constitutional instrument (C.I) 99. The judges decided after the parties presented their memorandum of issues. “I saw you murmuring to your colleagues during the hearing and you should know better. You keep murmuring which I think is not fair. Please out of the respect for you, don’t do that again,” the CJ warned. But the NDC MP for Bolgatanga East, in defense, told the media that he reacted out of shock; noting that the parties involved in the case were not consulted in the decision-making process which he said should not be the case in the practice of the profession. Dominic Ayine further argued that the 42-day timeline given by drafters of the rules for the election petition means that the court can deliver within the period thus questioned the urge for a ‘speedy’ trial. A situation, he said, he has never seen happening in his 25-year experience as a legal practitioner. “You cannot now begin to truncate and deny the parties the right to be able to file, for instance, preliminary applications that are mandated and allowed by law just because you want a speedy trial.” “And I was shocked at what was happening and you all realized that the CJ singled me out that my body language was inappropriate but that is because I was very shocked that after 25 years of law practice, I have never seen this happening; that a court will arbitrarily announce the timeline for the party without consultation.” Mr Ayine, however, wondered why neither of the parties did oppose the decision by the 7-member panel. In his words, “I had occasioned to ask Mr. Akoto Ampaw why he did not object to the entire deadlines and sitting down there. It reminded me of an inscription that was on the desk of my secondary school rector that “don’t confuse me with the facts, my mind is made up”. Meanwhile, below is the roadmap for the timeline of the hearing 1.Mode of trial – The petitioner and their witnesses shall file witness statements with exhibits if any, by 12 noon of Thursday, January 21, 2021. 2. The witness statements shall be filed on the counsel for the respondents by close of day on Thursday, January 21. 3. The respondents and their witnesses if any, shall file their witness statements with exhibits, if any by close of day on Friday, January 22, 2021. 4. The first and second respondents shall file their submissions on the preliminary objections raised to the petition by 12 noon on Friday, January 22, 2021. 5. The registrar shall ensure service of the preliminary objections by close of day, Friday, January 22, 2021. 6. The petitioner shall file any response to the submission of the preliminary objections by noon on Monday, January 25, 2021. 7. The registrar shall ensure service of the petitioner’s response by close of day on Monday, January 25, 2021. 8. The ruling on the preliminary objections would be incorporated in the judgement of the court. 9. The court shall sit on Tuesday, January 26, 2021, for the hearing of this petition. Ghanaweb Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0555568093.

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Dominic Ayine apologies after CJ advised him on frequent objections… Former Deputy Attorney General, Dr Dominic Ayine
Politics

Dominic Ayine apologies after CJ advised him on frequent objections…

The former Deputy Minister for Justice and Attorney General Dominic Ayine has been advised by the Chief Justice Justice Anim Yaboah to be mindful of his behavior in the court of law. The Chief Justice, called out the Bolgatanga Member of Parliament who is equally a member of the legal team of the former President John Dramani Mahama in the 2020 election petition to advise him for his frequent increasing objections during proceedings in the court of law. The Chief Justice who was not comfortable with his behavior, advised him to mindful or will no other option than to punish. However, Mr. Ayine apologised for his actions as the case was adjourned to Tuesday January 26. Meanwhile, prior to Wednesday’s hearing, Lawyers for former President Dramani Mahama filed a reveiw application at the Supreme Court asking the apex court to review its ruling regarding the refusal of their 12 interrogatories on Tuesday. Apexnewsgh.com/Ghana/Ngamegbulam Chidozie Stephen Please contact Apexnewsgh.com on email apexnewsgh@gmail.com for your credible news publications. Contact: 0555568093.

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