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10th November 2023 6:32:36 PM
2 mins readBy: Chris Kodo
Former President John Dramani Mahama has filed a motion at the Supreme Court to dismiss a lawsuit challenging his qualification and eligibility to contest the 2024 presidential election.
He argues that the lawsuit, filed by journalist and lawyer Kenneth Kwabena Agyei Kuranchie, is flawed and should be struck out on technical grounds.
Mr Kuranchie, who is the plaintiff in the case, filed a writ of summons at the Supreme Court on June 12, 2023, naming the Attorney General, former President John Agyekum Kufuor, and former President John Dramani Mahama as the defendants.
He is seeking a declaration that Mr Mahama, who is the flagbearer of the National Democratic Congress (NDC), is not qualified to run for president again, having already served two terms in office.
However, Mr Mahama, who is the third defendant in the case, has filed a motion at the Supreme Court on September 25, 2023, seeking an order to dismiss Mr Kuranchie's writ of summons. He claims that Mr Kuranchie failed to comply with the court rules and procedures, and that his lawsuit is incompetent and invalid.
According to the motion, signed by Mr Tony Lithur, counsel for Mr Mahama, Mr Kuranchie did not file his statement of case in support of his writ within the required 14 days from the date he issued the writ. Instead, he filed an affidavit in support of his statement of case, facts and exhibits on July 4, 2023, with the statement of case attached to it as an exhibit.
Mr Mahama contends that this was a wrong and improper way of filing the statement of case, and that it rendered the writ defective and void. He also argues that the affidavit in support of the statement of case, facts and exhibits was irrelevant and unnecessary, and that it did not cure the defect in the writ.
"I have, however, been advised by counsel that contrary to what the search results in Exhibit (JM) show, what plaintiff filed on July 4, 2023 was an affidavit in support of plaintiff's statement of case, facts and exhibits, with statement of case attached to it, marked as Exhibit P2. The statement of case was actually not filed.
"I am further advised by counsel and verily believe same to be true that the affidavit in support of plaintiff's statement of case, facts and exhibits filed by plaintiff on July 4, 2023 is irrelevant and unnecessary and does not in any way cure the defect in plaintiff's writ of summons," he noted.
Mr Mahama is urging the Supreme Court to exercise its discretion to strike out Mr Kuranchie's action based on these technicalities. He is also seeking any other order(s) that the court may deem fit against the plaintiff.
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