NDC asks Supreme Court to compel EC to re-organise the 2020 elections
The flagbearer of the National Democratic Congress (NDC), John Dramani Mahama, has called on the Supreme Court to compel the Electoral Commission (EC) to conduct a second election for him and the incumbent, Nana Addo Dankwa Akufo-Addo.
He also wants an order of injunction restraining President Akufo-Addo from holding himself out as President-elect.
In his petition to Supreme Court, Former President 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.”
He indicated “that the said declaration was made without regard to due process of law.”
President Akufo-Addo won the election with 51.302 per cent of the votes while Mr. Mahama followed with 47.7 per cent of the valid votes cast.
However, the NDC refused to accept the results due to their constant claims of flawed 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.
He argued 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 per cent of the votes, while the his would increase to 6,342,907, now yielding 46.768 per cent.
“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 added.
The petition was filed on 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 Adukwei 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 Adukwei 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.