Election petition: Mahama asks court to order EC to conduct second election
The National Democratic Congress (NDC) flagbearer, John Mahama, has asked the Supreme Court to compel the Electoral Commission to conduct a second election with just him and the incumbent, Nana Akufo-Addo as candidates.
He also wants an order of injunction restraining President Akufo-Addo from holding himself out as President-elect.
In his petition to Supreme Court, which has been sighted by Citi News, Mr. Mahama contends that the results declared by the EC in favour of President Akufo-Addo of the New Patriotic Party were “made arbitrarily, capriciously, and with bias.”
Mr. Mahama also feels “that the said declaration was made without regard to due process of law.”
President Akufo-Addo won the election with 51.3 percent of the votes while Mr. Mahama followed with 47.7 percent of the valid votes cast.
However, the NDC refused to accept the results because of its claims of malfeasance in the polls.
Mr. Mahama’s grievances hinge on the conduct of the polls in the Techiman South Constituency.
The EC declared the winner of the presidential election when the Techiman South Constituency results were pending.
But Mr. Mahama argues that if all the votes of Techiman South Constituency were added to his votes, President Akufo-Addo’s votes would remain at 6,730,413, now yielding 49.625 percent of the votes, while the his would increase to 6,342,907, now yielding 46.768 percent.
“Therefore, Mrs. Jean Adukwei Mensa’s claim in the purported declaration on 9th December 2020 that adding all the 128,018 votes in the Techiman South Constituency to the votes standing to the name of Petitioner would not change the results, was clearly wrong,” Mr. Mahama said.
The petition was filed today, Wednesday, December 30, 2020, by Mr. Mahama’s lawyers following the party‘s audit of the 2020 Presidential results “and extensive consultations with the National Executive Committee and Council of Elders of the party.”
In a statement, the NDC said the petition details “serious violations of the 1992 Constitution by the Electoral Commission and its Chairperson and Returning Officer for the Presidential Election, Mrs. Jean Adukwei Mensa in the conduct of their constitutional and legal responsibilities.”
The petition seeks among others, a declaration from the Supreme Court to the effect that, “the purported declaration of the results of the 2020 Presidential Election on the 9th day of December 2020 is unconstitutional, null and void and of no effect whatsoever.”
Find below Mr. Mahama’s reliefs
(a) A declaration that Mrs. Jean Adukwei Mensa, Chairperson of [EC] and the Returning Officer for the Presidential Elections held on 7`. December 2020 was in breach of Article 63(3) of the 1992 Constitution in the declaration she made on 9th December 2020 in respect of the Presidential Election that was held on 7th December 1020;
(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of [EC] and the Returning Officer for the Presidential Elections held on 7th December 2020, no candidate satisfied the requirement of Article 63(3) of the 1992 Constitution to be declared President-elect
(c) A declaration that the purported declaration made on 9th December 2020 of the results of the Presidential Election by Mrs. Jean Adukwel Mensa, Chairperson of Respondent and the Returning Officer for the Presidential Elections held on 7″ December 2020 is unconstitutional, null and void and of no effect whatsoever;
(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.1. 130) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwel Mensa, Chairperson of the [EC] and the Returning Officer for the Presidential Elections held 7′ December 2020 and gazetted on 10th December 2020;
(e) An order of injunction restraining [President Akufo-Addo] from holding himself out as President-elect;
(f) An order of mandatory injunction directing the [EC] to proceed to conduct a second election with Petitioner and [Nana Akufo-Addo] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.