Ghana

A petition that discloses a reasonable cause of action is unmeritorious? - Dafeamekpor

Politics of Thursday, 4 March 2021

Source: 3 News

South Dayi lawmaker, Rockson-Nelson Dafeamekpor South Dayi lawmaker, Rockson-Nelson Dafeamekpor

South Dayi lawmaker, Rockson-Nelson Dafeamekpor has raised issues with the grounds upon which the election petition filed by John Mahama at the Supreme Court was dismissed.

In a tweet after the dismissal of the petition on Thursday, March 4, he said “A Petition that discloses a reasonable cause of action is unmeritorious?”

The Supreme Court by a unanimous decision dismissed the election petition filed by Mr Mahama.

The seven-member panel led by the Chief Justice Kwesi Anin-Yeboah dismissed the petition on Thursday, March 4 saying it was without merit.

“The petitioner has not produced any evidence to rebut the presumptions created by the publication of CI 135.

“We are therefore of no reason to order a rerun. We accordingly dismiss the petition,” the Chief Justice said in the judgment.

The justices of the apex court further told witnesses of the petitioner, Mr Rojo Mettle-Nunoo and Dr Michael Kpessa-Whyte to blame themselves for abandoning their duties in the strong room during the final collation of the election results if their claims are to be believed.

During proceedings, the two witnesses told the court that they were sent by the Chair of the Electoral Commission (EC) to Mr Mahama at the time of the collation of the final results in the strong room. In their absence, the results were then announced.

Delivering the judgment on Thursday, March 4 the court said “…Notwithstanding all these allegations of misunderstandings with the chair of the 1st respondent in the strong room and the fact that they were absent during the declaration, they did not give any indication as to how these happenings in their absence affected the final results announced by the 1st Respondent.

“Having signed or certified these forms, the witnesses, particularly PW 3 cannot turn round to talk about irregularities in the forms.

“The testimonies would have carried some little weight if the purpose of the petition was to change entries made on the collation forms or summary sheets but that is not the case.

“Their testimonies were therefore of no relevance to the said issues set out for determination and so we find them unworthy for consideration whatsoever.”

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