EC, Nana Addo file closing addresses in election petition case
The Electoral Commission and President Akufo-Addo have joined John Mahama in filing closing addresses ahead of judgment day in the election petition.
Mr. Mahama went to Court on December 30, 2021, to challenge the validity of the Electoral Commission’s declaration December 9 declaration of Nana Akufo-Addo as President of the Republic.
He contended that Nana Akufo-Addo failed to obtain the requisite number of votes to be declared the winner.
He is thus asking the Supreme Court to among other things declare the 2020 presidential polls null and void and further ordered the Electoral Commission to conduct a re-run of the election between himself and President Akufo-Addo.
But in their closing Address, President Akufo-Addo’s lawyers said Mr. Mahama did not properly invoke the jurisdiction of the Court on election matters, and at the same time, failed to sufficiently discharge the burden of proof upon him as the petitioner.
The Electoral Commission also shot down assertions being made by Mr. Mahama saying the 2020 polls were the most credible since the inception of the 4th Republican Constitution.
The Commission denies that the December 9 declaration was invalid and urged the Court not to grant Mr. Mahama’s reliefs.
The Supreme Court will deliver its judgment in the matter next week, Thursday, March 4, 2021.
The reliefs at stake per Mr. Mahama’s petition are:
(a) A declaration that Mrs. Jean Adukwei Mensa, Chairperson of 1St Respondent and the Returning Officer for the Presidential Elections held on 7th 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 2020;
(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1St Respondent 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 1st Respondent and the Returning Officer for the Presidential Elections held on 7th 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. 135) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held 7th December 2020 and gazetted on loth December 2020;
(e) An order of injunction restraining the 2nd Respondent from holding himself out as President-elect;
f) An order of mandatory injunction directing the 1st Respondent to proceed to conduct a second election with Petitioner and 2nd Respondent as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.
