Former President John Mahama and the National Democratic Congress (NDC) have petitioned the Supreme Court to annul the results of Election 2020.
Mahama also wants the apex court to order for a re-run of the polls hence the need to issue a fiat restraining President Akufo-Addo from holding himself as the President-elect.
A petition filed by his legal counsel, Tony Lithur, says it has evidence that no candidate satisfied the constitutional requirement to be declared president.
By law, a candidate must obtain 50% plus one to be declared the winner of the presidential elections.
The Chairperson of the Electoral Commission, Jean Mensa, on December 9th, declared the incumbent Nana Addo Dankwa Akufo-Addo president-elect.
On that day, she said he polled 51.59% of the valid votes cast while his arch-rival John Mahama obtained 47.36%.
But rejecting the results, John Mahama has maintained they are fictionalised and a fraud.
“The claim that the percentage of votes obtained by 2nd respondent was 51.595% of the total valid votes that she herself distinctively stated to have been 13, 434, 574, was a manifest error as votes cast for 2nd respondent would amount to 50.098% and not the 51.595% erroneously declared,” the petition stated.
After resorting to Street protests for days, the party had finally taken its case to the Supreme Court.
The counsel for the petitioner wants the Supreme Court to order an annulment of the December 9 declaration by the EC and an injunction on President Nana Akufo-Addo from holding himself as president-elect.
The petitioner also wants a mandatory injunction directing the EC to organise another presidential election.
“Mrs. Jean Adukwei Mensa, Chairperson of 1st respondent and the Returning Officer for the presidential election further declared that “John Dramani Mahama of the NDC obtained 6, 214, 889 votes being 47.366% of the total valid votes cast”
“From the total valid votes cast of 13, 434, 574, petitioners percentage would be 46.260% and not the 47.366% erroneously declared.
“The percentages attributed to all but one of the other candidates by Mrs. Jean Adukwei Mensa were also incorrect.
“If the total number of valid votes standing to the names of each of the presidential candidates is summed up, this would yield a total number of valid votes cast of 13, 121,111, a figure that is completely missing from the purported declaration by Mrs. Jean Adukwei Mensa on 9th December 2020, and the purported rectification on 10th December 2020,” the petition read.
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In a statement after filing the petition, the party said: “The Petition was filed pursuant to the party‘s audit of the 2020 Presidential results and extensive consultations with the National Executive Committee and Council of Elders of the party.
“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. It 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”.
The party has also announced the following individuals as spokespersons while the trial is ongoing
Hon. Marietta Brew Appiah-Oppong Esq. – Former Attorney General and Minister for Justice.
- Hon. Dr. Dominic Akuritinga Ayine Esq.- MP for Bolgatanga East and former Attorney General and Minister of Justice.
- Dr. Abdul Baasit Aziz Bamba Esq. – Member of NDC Legal Team
- Hon. Alex Segbefia Esq.- Director of International Relations, NDC
- Abraham Amaliba Esq. – Director Legal, NDC
- Sammy Gyamfi Esq.- National Communications Officer, NDC
- Kakra Essamuah Esq.- NDC Communications Director
- Joyce Bawa Mogtari Esq. – Special Aide and Spokesperson of HE John Dramani Mahama
- Godwin Edudzi Tamakloe Esq. – Member of NDC legal team