GHANA ELECTION PETITION : WHAT HAPPENS IN COURT ON DAY 1

The Supreme Court has Thursday January 14, 2021 started hearing the Election Petition brought before it by the Presidential Candidate of the National Democratic Congress (NDC) in the December 7, 2020 Presidential Election, John Dramani Mahama.

The court today granted the petitioner’s motion to amend errors in his petition and also took the decision to broadcast the proceedings live.

BACKGROUND 

The Presidential Candidate of the National Democratic Congress (NDC) in the December 7, 2020 Presidential Election, John Dramani Mahama sued the EC as 1st Respondent and Nana Addo Dankwa Akufo-Addo as 2nd Respondent, seeking the Supreme Court to grant him the following reliefs:

(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.I. 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 10th 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 1st Respondent [2nd Respondent as amended] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.