Election Petition: Mahama bound to fail, party must move on – Elikplim Agbemava

A former flagbearer hopeful of the National Democratic Congress (NDC) and private legal practitioner, Elikplim Lorlormavor Agbemava, says the election 2020 Petition filed by the defeated flagbearer of the NDC, John Dramani Mahama, is bound to fail as the ongoing case has not exposed any vulnerabilities in the victory of President Akufo-Addo.

In a Facebook post, the outspoken lawyer said the ongoing trial at the Supreme Court before a seven-member panel, has not produced any concrete evidence thus far that is capable of changing the outcome of the Presidential and Parliamentary elections held on the 7th of December 2020.

“It is an open secret that the petition has not exposed the vulnerabilities of the so-called declaration of the 2nd Respondent (President Akufo-Addo) by the 1st Respondent (Electoral Commission) as the winner. Hence the theatrics and media circus that all parties are treating the general public too. Let us move on” lawyer Elikplim Lorlormavor Agbemava wrote on his Facebook wall.

Mr. Agbemava contested former President John Dramani Mahama for the flagbearer-ship of the NDC in 2018 but pulled out of the race after he announced his withdrawal through a press release dated the 7th of December 2018.

“I wish to announce that after many souls searching, prayer, and consultations with well-meaning Ghanaians, loved ones, and family, I have decided to abate my push for the presidency come 2020 and throw my weight behind His Excellency John D. Mahama. I know this is very much unexpected. However, there is much wisdom in taking this decision. It is also in line with the majority of the views in our great party that he is the best person to lead us into battle come 2020” Mr. Agbemava said in his 7th December 2018 press statement.

Background

Former President John Mahama’s lawyer, on the 19th of January 2020, moved a motion praying the court for leave to serve certain questions on the Electoral Commission (Application for Interrogatories) which he claims if answered would narrow down the issues before the court.

The Ex-President in the application wanted the EC to answer among others, questions relating to the processes involved in the transmission of results from the polling station level, to the constituency level, to the regional offices of the EC, and subsequently to the Returning Officer of the presidential election, Mrs. Jean Mensa, at the EC office. He also sought to solicit responses on whether or not the National Communications Authority (NCA) in any way facilitated the transmission of results from the various centres to the national headquarters of the EC.

The EC through its lawyer, Justin Amenuvor, opposed the application urging the court not to grant the application as it does not raise any relevant issues that are in contention. It was the case of the EC that the answers being sought by the petitioner are already contained in their own petition and the responses of the respondents.

The court after going on recess for about 45 minutes reconstituted and ruled that the application for interrogatories by the Petitioner were not grounded in law and that same is in contravention of the rules that are governing the adjudication of the election petition (CI 99) which is the main issue before the court. The application was dismissed on the ruling of the Chief Justice on the 19th of January 2021.