Supreme Court

The Supreme Court is considering the petition of former President John Dramani Mahama to challenge the legality of the winner of the 7th presidential election. December doubt, between the second day with the start of the preliminary examination.

The 14th. In January this year (1 day), the court granted President Mahama’s application for leave to amend his application.

The court presided over by Chief Justice Anin Yeboah ordered the complainants to file the amended complaint on the 14th. January 2021.

The seven-member panel asked the respondents, namely President Nane Addo Dankwa Akufo-Addo and the Electoral Commission, to submit their responses by the 15th. January 2021.

In his petition, Mr Mahama argued that no candidate won the 2020 presidential election and therefore the declaration of victory of President Akufo-Addo by the Chairman of the Electoral Commission, Jean Mensah, was invalid, unconstitutional and unenforceable.

The applicant argued that, according to the report submitted by Mensah on 9. By December 2020, no candidate had received more than 50 percent of the total valid votes, as required by Article 63(3) of the 1992 Constitution.

According to him, the Chairman of the Election Commission stated that the total number of valid votes was 13,434,574 minus the results of South Tehiman where President Akufo Addo received 6,730,413 votes, representing 51.59 percent of the votes cast, while he (Mahama) received 6,214,898 votes, representing 47.366 percent of the votes cast.

In Mr. Mahama’s case, the actual rate for President Akufo-Addo minus Tehiman South should be 50.098% and not 51.595% as announced by the EC President.

It also claimed that its share minus Tehiman South should be 46,26 % and not 47,366 %.

To clarify the calculation, Mr. Mahama stated that the total number of votes cast for Tehiman South is 128,018 and if this figure is added to the total number of valid votes cast in accordance with the EC declaration, the result is 13,434,574 plus 128,018 (13,562,592).

In addition, Mr. Mahama stated that the EC incorrectly claims that even if all the votes of South Tehiman are added to the petitioner’s votes, the votes of President Akufo-Addo remain the same, i.e. 6,730,413 votes, or 49.625% of the petitioner’s votes, and 6,324,907 votes, or 46.768%.

Thus, the assertion of the EC Chief in the alleged declaration that the addition of the 128,018 votes cast in South Tehran to the votes cast for the petitioner would not change the result was clearly false.

In their responses, President Akufo-Addo and the EC argued that the petition was incompetent and unfounded and did not provide a reasonable basis for the application.

They also claimed that the petition did not meet the requirements for a presidential election petition under Article 64(1) of the 1992 Constitution and was therefore without jurisdiction.

They stated that the petition did not mention any election irregularities in any of the 38,622 polling stations and 311 special polling stations.

The EC also argued that the petition was inadmissible because it did not challenge the legality of votes received by a candidate at a polling place where the election took place.

The EC admitted that Ms Mensah misinterpreted the figure representing the total number of votes cast as the total number of valid votes and also stated that the percentage of votes cast by Chairman Akufo Addo was 51.59% instead of 51.295%.

He claimed, however, that the EC would be able to correct the errors of the 10. The Commission considers that the errors were committed by the Commission. December 2020 corrected and even stated that the corrections and clarifications did not affect the overall result as stated.

The EC has therefore decided that the deliberate use of the 9. Mr Mahama’s statement on the figures published last December to show that President Akufo-Addo did not receive more than 50% of the valid votes was misleading, unacceptable and untrue.

For President Akufo-Addo, the EC amendments to the Declaration of 9. The Commission considers that the Council’s proposal to amend the Commission statement is to be welcomed. December was made under the authority of the EC and was not against the law.

Generally, cases are either resolved or prepared for trial at the preliminary hearing.

Any party may file motions or set a date for filing motions, including a motion to suppress or reject certain evidence at trial.

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