The hearing on the presidential election petition filed by Flagbearer of the National Democratic Congress (NDC) John Dramani Mahama begins today.
The petitioner, Mr. Mahama, is seeking a rerun of the December 7, 2020 elections between himself and Nana Addo Dankwa Akufo-Addo of the New Patriotic Party (NPP) because he believes both leading candidates did not obtain 50 percent of the valid votes as required.
His petition is based on the results declared by Jean Mensa, the Electoral Commission Chairperson on 9 December.
Ahead of the ruling which will be telecast live on the national television at 9:30, GhanaWeb puts together all the details involving the case:
1st and 2nd Respondents:
The petition which was filed on December 30 cites two Respondents; the Electoral Commission and NPP flagbearer, Nana Addo Dankwa Akufo-Addo. The Electoral Commission was named the 1st Respondent and Nana Addo Dankwa Akufo-Addo, the 2nd Respondent.
Grounds for petition:
1. That the purported declaration made on 9th December 2030 by the EC Chair and Returning Officer for the Presidential Election, violated Article 63 (3) of the 1992 Constitution and is therefore unconstitutional, null and void, and of no effect whatsoever.
2. That in making the said declaration, Mrs. Jean Adukwei Mensa, who has been named the 1st Respondent, violated the constitutional duty imposed on her by Articles 23 and 296 (a) of the 1992 Constitution to be fair, candid, and reasonable.
3. That the declaration was bias and in favour of the 2nd Respondent, Nana Addo Dankwa Akufo-Addo.
4. That the said declaration was made without due regard to due process of the law.
What Mahama Wants:
1. A declaration that EC Chair Jean Mensah’s declaration of the election results on December 9, 2020, was in breach of Article 63 (3) of the 1992 constitution.
2. That based on the data contained in the declaration, no candidate satisfied the requirement of the stated Article, to be declared President-elect.
3. A declaration that the declaration is unconstitutional, null and void, and of no effect whatsoever
4. An order annulling the Declaration of President-Elect Instrument 2020 (c.I. 135) dated 9th December 2020, issued under the hand of the EC Chair.
5. An order of injunction restraining Nana Addo Dankwa Akufo-Addo from holding himself out as President-elect;
6. An order of mandatory injunction directing the EC to conduct a re-run of the election with he (Mahama) and Nana Addo Dankwa Akufo-Addo as candidates.
The Petitioner, John Dramani Mahama intends to call 5 witnesses in the case. Though it is unconfirmed the names of these persons, Host of Good Evening Ghana, Paul Adom-Otchere, earlier this month projected some names including;
Asiedu Nketia, General Secretary of the NDC; Haruna Iddrisu, Minority Leader of the seventh Parliament; Dr Kpessa Whyte, a leading member of the NDC; former Attorney-General, Marietta Brew Appiah-Oppong; and Rojo Mettle Nunoo, one of the NDCs agents in the strongroom at the EC headquarters during the elections.
The NDC has assigned 9 people as spokespersons.
Hon. Marietta Brew Appiah-Oppong Esq. – Former Attorney General and Minister for Justice;
Hon. Dr. Dominic Akuritinga Ayine Esq.- MP for Bolgatanga East and former Attorney General and Minister of Justice;
Dr. Abdul Baasit Aziz Bamba Esq. – Member of NDC Legal Team;
Hon. Alex Segbefia Esq.- Director of International Relations, NDC;
Abraham Amaliba Esq. – Director Legal, NDC;
Sammy Gyamfi Esq.- National Communications Officer, NDC;
Kakra Essamuah Esq.- NDC Communications Director;
Joyce Bawa Mogtari Esq. – Special Aide and Spokesperson of HE John Dramani Mahama;
Godwin Edudzi Tamakloe Esq. – Member of NDC legal team
The NPP’s is made up of 5 persons.
Kojo Oppong Nkrumah – MP, Ofoase Ayirebi
Yaw Buaben Asamoah – NPP National Communications Director
Henry Nana Boakye, National Youth Organiser of the NPP
Fati Abubakar, Dept. Communications Director, Presidency
Nana Adjoa Adobea Asante – NPP Legal Committee Member
Akufo-Addo responds to Petition
President of the Republic, Nana Addo Dankwa Akufo-Addo through his Lawyers filed an Answer to the 2020 Presidential Elections Petition initiated by Mr. John Dramani Mahama, a candidate in that election.
President Akufo-Addo in his Answer provided the court with pleadings that showcase that Mr. Mahama’s petition lacks material substance.
Mr President further invited the Supreme court to dismiss the petition, based on suggestions that “the petition is incompetent, frivolous and vexatious, and does not meet the threshold for invoking the jurisdiction of the Honorable Court.