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Mahama files to amend error in petition at Supreme Court

January 11, 2021 By 0 Comments

The flagbearer of the National Democratic Congress (NDC) in the 2020 elections, Mr John Dramani Mahama, is seeking leave of the Super Court to amend portions of the petition he had filed to challenge the validity of the December 7 presidential race.

In the election petition the former president filed on December 30, last year, the first respondent (1st) was the Electoral Commission (EC), with the second respondent (2nd) being President  Akufo-Addo. But relief (f) wants the court to order the EC to conduct a second election between Mahama and the first respondent, which, per what has been stated in the petition, turns out to be the EC.

The NDC flagbearer is in the Supreme Court to seek a declaration that the Chairperson of the Electoral Commission, Mrs. Jean Adukwei Mensa, for the presidential election held on December 7, 2020, was in breach of Article 63(3) of the 1992 Constitution in the declaration she made on December 9, 2020, in respect of the presidential election.

Secondly, a declaration that based on the data contained in the declaration made by the Chairperson for the presidential election held in December 2020, no candidate satisfied the requirement of Article 63(3) of the 1992 Constitution to be declared President-elect.

He is also seeking a declaration that the purported declaration made on December 9 of the results of the presidential election by the Chairperson was unconstitutional, null and void, and of no effect whatsoever.

He further wants an order annulling the Declaration of President-Elect Instrument, 2020 (CL. 135) dated December 9, 2020, issued under the hand of the Chairperson and gazetted on December 10, 2020.

Mr Mahama is also praying the court for an order of injunction restraining the 2nd Respondent from holding himself out as President-elect, and also an order of mandatory injunction directing the EC to proceed to conduct a second election with the Petitioner and 2nd Respondent as the candidates, as required under Articles 63(4) and (5) of the 1992 Constitution.

The former President, through his lawyer, Tony Lithur, indicated that the reliefs were based on the grounds that on December 9, 2020, the Chairperson held a press conference at which she purportedly declared the 2nd Respondent, President Akufo-Addo, as the duly elected President.

According to Mr Mahama, in the purported result declared by the Chairperson of the EC, which, according to her was transparent, fair, orderly, timely and a peaceful presidential election, the total number of valid votes cast was 13,434,574, representing 79% of the total registered voters, but the petitioner insists this cannot be the true picture.

He is further contending that prior to the purported declaration, Mrs Mensa was notified by agents of the petitioner of certain material errors in the figures collated, but she refused to accept a letter written by the NDC to her, raising some of those concerns.

Meanwhile, Article 296 (b) of the 1992 Constitution requires the EC and the Commission not to be “biased either by resentment, prejudice or personal dislike”, and also requires them to exercise discretionary power “in accordance with due process of law.”

“Respondent purported to gazette the declaration she made on December 9, 2020 by publishing the Declaration of President Elect Instrument, 2020 (CI. 135), under the hand of Mrs. Jean Mensa, claiming that 2nd Respondent was the winner of the Presidential Election on the basis of him having attained more than 50% of the valid votes cast. A copy of C.1. 135 is attached as Exhibit “C”,” he added.

The gazette notice of the outcome of the presidential election is required to be based on the declaration actually made by Mrs Jean Adukwei Mensa as the Chairperson of EC of the results of the presidential election.

The gazette notification, contained in C2 135, being notification of the publicly broadcast declaration made by Mrs Mensa on the evening of December 9, 2026, is also unconstitutional, null and void, of no effect whatsoever, and therefore liable to be set aside.

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