Supreme Court Rules In Favour Of NDC...Grants Joinder Application

The Supreme Court has granted an application by the National Democratic Congress (NDC) seeking to join a petition contesting the declaration of President John Dramani Mahama as winner of the December 7, 2012 presidential poll. The court by a 6-3 majority decision agreed to the argument raised by lawyers of the applicants and granted the application. After lawyers for both the applicants (the NDC legal team), led by Tsatsu Tsikata and the respondents represented by Philip Addison ended their submissions at the last sitting (Jan 16), the court fixed today for ruling. Mr Tsatsu Tsikata, who moved the motion for joinder, prayed the court to allow his client to join the petition as a respondent because the name and the symbol of the NDC were displayed against President Mahama�s photograph, adding that it would �advance the interest of justice� if the NDC was made to join the petition as respondents. He denied assertions that the NDC�s application for joinder was intended to delay the petition and argued that the party filed its motion three days after the filing of the petition. Counsel for the President, Mr Tony Lithur, associated himself with the NDC�s application for joinder and, accordingly, prayed the court to grant it. The EC, for its part, declined to react to the application and left the matter to the discretion of the court. Opposing the motion, the lead counsel for the petitioners (but in this case the respondents), Mr Philip Addison, said the motion for joinder would delay the trial and, therefore, draw back the purpose of the new Supreme Court rules aimed at expediting the hearing of petitions challenging results of presidential elections. The nine-member panel, which heard the motion on whether or not the NDC should be allowed to join the petition, included Mr Justice Julius Ansah, Mrs Justice Sophia Adinyira, Ms Justice Rose Owusu, Mr Justice Jones Dotse, Mr Justice Annin Yeboah, Mr P. Baffoe- Bonnie, Mr Justice N. S. Gbadegbe and Mrs Justice Vida Akoto-Bamfo.