National Communications Officer of the National Democratic Congress (NDC) Sammy Gyamfi has said that the petitioner in the ongoing election petition hearing, Mr John Mahama is not being given a fair hearing by the court.

Addressing the media after court proceedings on Monday February 22, Mr Gyamfi said “The bottom line is that the petitioner is worried that the court, in deciding these applications are not applying statutes that had been passed by our parliament, statutes that the court has been applying in other cases and we think that the petitioner is being denied a fair hearing and it is important to pursue these issues to the logical conclusions.”

During proceedings on Monday, the Supreme Court of Ghana by a unanimous decision dismissed a review application filed by lawyers of Mr Mahama, against the court’s earlier ruling on whether or not witnesses can be compelled to testify in the court.

Chief Justice Anin Yeboah in the ruling on behalf of the nine justices said the application was without merit and accordingly dismissed it.

Lead counsel of the petitioner in the ongoing election petition hearing Tsatsu Tsikata has yet again made a case for the Supreme Court to reconsider its ruling on Tuesday, February 16.

The seven justices of the apex court of Ghana unanimously dismissed the application of the petitioner, John Dramani Mahama, for the case to be re-opened in order to subpoena the Chair of the Electoral Commission, Ghana (EC), the First Respondent, to testify in court as a “hostile witness”.

On Monday, February 22, Mr Tsikata questioned the basis of the ruling, saying the justices themselves were surprised when the First Respondent closed its case without calling its witness, Jean Adukwei Mensah, to testify.

Mr Tsikata said the justices may have their reasons for the decision to dismiss the application but “it is the ruling of the panel that we are here to question”.

“I am not in the minds of the panel,” he stressed.

He further argued that for Mrs Mensa to have filed a witness statement meant that she was committed to mount the witness box.

“We have no reason to say she was not telling the truth,” he said.

For him, the Holy Bible should guide the nine justices reviewing the case, quoting Hosea 8:7.

It states: “For they have sown the wind, and they shall reap the whirlwind: it hath no stalk: the bud shall yield no meal: if so be it yield, the strangers shall swallow it up.”

He concluded: “May each of the lordships decide based on your conscience and your judicial oath.”

Counsels for the respondents – Justin Amenuvor for the First Respondent and Akoto Ampaw for the Second Respondent – asked the Court to set aside the review application since it does not merit its prayer.