Election Petition: Supreme Court to deliver judgment today

March 4, 2021

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The Supreme Court is today, Thursday, March 4, 2021, expected to deliver its judgment on the December 2020 presidential election petition.

Former President John Mahama who re-contested the election on the ticket of the National Democratic Congress (NDC), took the Electoral Commission to court, challenging the validity of the Commission’s 9th December 2020 declaration of Nana Addo Dankwa Akufo-Addo as the winner of the poll.

Mr. Mahama also contended in his petition that, President Akufo-Addo did not meet the constitutional threshold for election to the high office of the president yet was so declared.

He has been praying the court in the last two months, albeit amidst strong opposition from lawyers for President Akufo-Addo and the Electoral Commission, to nullify the declaration and to cause a re-run between him and President Akufo-Addo.

The Supreme Court’s judgment is supposed to address five issues that were set forth for determination, including the question of whether or not President Akufo-Addo met the constitutional threshold for election to the office of president.

The Issues are:
• Whether or not the petition discloses any reasonable cause of action.
• Whether or not based on the data contained in the declaration of the Electoral Commission of President Akufo-Addo as president-elect, no candidate obtained more than 50% of the valid votes cast as required by art.63 3 of the 1992 constitution.
• Whether or not the 2nd respondent still met Article 63(3) of the 1992 constitution threshold by the exclusion or inclusion of the Techiman South constituency presidential election results.
• Whether or not the declaration by the first respondent dated 9th of December 2020 of the results of the presidential election conducted on the 7th of December 2020 was in violation of Article 63(3) of the 1992 constitution.
• Whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the presidential election results of 2020.