Election 2020 petition: Supreme Court grants Mahama’s application to correct errors
The Supreme Court ruled on Thursday that John Mahama must correct errors in his election petition so that the case can begin next Tuesday
A seven-member Supreme Court panel has granted an application by the former president John Dramani Mahama to correct errors in his election petition, challenging the results of the 7 December 2020 presidential election.
The panel, presided over by Chief Justice Kwasi Anin-Yeboah, also includes Justices Yaw Appau, Samuel Marful-Sau, Nene Amegatcher, Nii Ashie Kotey, Gertrude Torkornoo and Mariama Owusu.
When the court sat on Thursday, the lead counsel for the petitioner, Tsatsu Tsikata, attempted to move his first motion seeking a live television broadcast of the entire election petition hearings. The court interrupted him and announced that the arrangements for live airing have already been made.
Tsikata proceeded, in line with the direction of the court, to move his second motion for the amendment of errors on their petition.
The lawyers for the respondents, Justin Amenuvor for the Electoral Commission and Akoto Ampaw for President Akufo-Addo, opposed the application on the grounds that the rules do not permit the petitioner to make any correction to the petition.
After a brief recess, the Supreme Court granted the application, ordering the petitioner to file the corrected petition by close of business on Thursday (14 January 2021).
The court also ruled that the two respondents should file any further answers to the amended petition by close of day on Friday 14 January 2021.
Subsequently, the presiding judge, Chief Justice Anin-Yeboah, adjourned sitting to Tuesday 19 January 2021.
Background
The presidential candidate for the National Democratic Congress in the 2020 general election, John Dramani Mahama, officially filed a petition at the Supreme Court on 30 December 2020 to challenge the 7 December presidential election result.
A statement by the NDC after the filing said: “The National Democratic Congress wishes to inform the general public that at about 12pm this afternoon [sic], the leader and presidential candidate of the party, His Excellency John Dramani Mahama, caused his lawyers to file a petition in the Supreme Court of Ghana to challenge the 2020 presidential election results declaration by the chairperson of the Electoral Commission of Ghana.”
It added: “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.”
“Violations”
The NDC said the petition details grave violations of the 1992 constitution by the Electoral Commission and its chair/returning officer for the presidential election, Jean Adukwei Mensa, in carrying out the EC’s constitutional and legal responsibilities.
It seeks, among other things, a declaration by the Supreme Court to the effect that the purported declaration of results of the 2020 presidential election on 9 December 2020 is unconstitutional, null and void and of no effect whatsoever.
On 9 December 2020 Jean Mensa declared President Nana Addo Dankwa Akufo-Addo the president-elect, announcing that he had secured 51.3% of the valid votes cast.
The result of the presidential election has since been gazetted. The NDC, however, says it cannot accept the result because it is “flawed”.
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