Election Petition: Mahama’s counsel files closing address

Lawyers for the National Democratic Congress Presidential Candidate in the 2020 election John Dramani Mahama, has filed his closing address in the election petition ahead of the March 4 judgement. Mahama’s lawyers maintain that the petition is founded on the “nullity” of the declaration of election results made by the Chairperson of the Electoral Commission (EC).

Mr. Mahama’s council have argued that the declaration of the results was fraught with errors, some of which the EC admitted. They insist that “fairness and reasonableness requirements were not being met.”

The reliefs Mr. Mahama is seeking 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.

Mr. Mahama is in court after he and his party, the National Democratic Congress, rejected the results of the 2020 presidential polls.

He maintains that President Akufo-Addo failed to obtain the requisite number of votes to be declared the winner. Lawyers for the petitioner John Dramani Mahama say they have successfully proved that no candidate obtained more than 50% of the votes cast in the 2020 presidential elections.

They are therefore urging the Supreme Court to declare the 2020 presidential election null and void and direct the Electoral Commission to organize a run-off between President Akufo-Addo and Mr. Mahama.