The flagbearer of the opposition National Democratic Congress (NDC) John Dramani Mahama has filed a petition to challenge the Presidential results of the just-ended 2020 polls as declared by the Electoral Commission.
The petition is seeking a mandatory injunction directing the 1st Respondent,the Electoral Commission to proceed to conduct a second election between the petitioner and the 2nd respondent as the candidates,, as required under Articles 63 (4) and (5) of the 1992 constitutions.
The petition, which was filed on behalf of the petitioner by Mr Godwin Edudzi Tamekloe, a member of the Party’s legal team and Mr Sammy Gyamfi, the National Communications Officer of the Party revealed that, per Mr Mahama’s data and the declaration by the Electoral Commission none of the candidates satisfied the requirement of Article 63 (3) of the 1992 Constitution to be declared President-Elect.
Opposition NDC rejected 2020 Presidential Election results which John Mahama describe as “fictional” and “flawed.
The decision to finally petition the apex court follows nearly two weeks of sustained protests across the country by NDC sympathizers.
According to the lawyers, the Presidential results as declared by the Electoral Commission Chairperson, Jean Mensa is unconstitutional, flawed and ‘doesn’t represent the will of the people and prays the court to stop President Akufo-Addo from holding himself as President-Elect.
Under 1992 Ghana’s constitution a winning candidate in a presidential elections must garner 50 per cent of the votes cast.
The Chairperson of the Electoral Commission, Jean Mensa, on December 9, declared the incumbent Nana Addo Dankwa Akufo-Addo president-elect.
Amid the announcement she said,Nana Addo polled 51.59% of the valid votes cast while his contender John Mahama obtained 47.36%.
The petitioner maintain that in making the said declaration, the 2nd Respondent who is the Returning Officer for the Presidential Election violated the constitutional duty imposed on the Chairperson of the 1st Respondent per Article 23 and 296 (a) of the 1992 Constitution to be fair, candid and reasonable.
“The claim that the percentage of votes obtained by 2nd respondent was 51.595% of the total valid votes that she herself distinctively stated to have been 13, 434, 574, was a manifest error as votes cast for 2nd respondent would amount to 50.098% and not the 51.595% erroneously declared,” the petition indicated.
He said the said declaration was made arbitrarily, capriciously and with bias in favour of the 2nd Respondent contrary to Article 296(b) of the 1992 Constitution.
“That the said declaration was made without regard to due process of law as required under Article 23 and 296 (b) of the 1992 Constitution’’.
The petitioner intends to call five witnesses in the hearing.
The Petition was filed pursuant to the party’s audit of the 2020 Presidential results and extensive consultations with the National Executive Committee and Council of Elders of the party.
Read the full document:
IN THE SUPERIOR COURT OF JUDICATURE PREME COURT OF GHANA
