Mahama files motion to amend errors in Election 2020 petition
In the motion, John Mahama said an error was made in the description and positioning of the parties in paragraph 6 of his election petition
John Dramani Mahama, the 2020 presidential candidate of the National Democratic Congress (NDC), has filed a motion asking the Supreme Court to allow him to correct a ”mistake” in the petition he filed before the court, challenging the validity of the declaration of President Nana Addo Dankwa Akufo-Addo as the winner of the 2020 presidential election.
The motion on notice for leave to amend his writ and petition, filed today (8 January 2021), was signed by Tony Lithur, solicitor for the petitioner.
Changes to be made
In his affidavit, the petitioner (John Mahama) says: “In indorsing on the Writ the addresses of the parties to be served, an error was made in the description and positioning of the parties in Paragraph 6, which l seek leave to correct.”
He said further: “In the relief numbered (f) on the Writ which was repeated in paragraph 35(f) of the Petition, there is typographical error in the third and fourth lines, which refers to ‘1st Respondent’ instead of ‘2nd Respondent’, which I also seek leave to correct.
“Counsel has advised me that the parties to the petition have otherwise properly been indorsed on Writ and correctly described in the Petition. In the Appearances which Respondents have caused to be filed on their respective behalves, they acknowledge their correct and proper designations and descriptions.
“They would therefore not be prejudiced in any manner if the amendment is granted. A copy each of the proposed Amended Writ and Petition are attached and marked compositely as Exhibit ‘AMENDMENT 1’.
“I seek the amendment in good faith,” the petitioner said in the affidavit of petition in support of his motion.
Date for hearing
From the court documents sighted by Asaase News, the registrar of the Supreme Court has fixed Thursday 14 January 2021 as the date for the petitioner’s lawyers to move his motion before the court.
Errors
The former president’s 30 December 2020 petition interchanged who the first respondent (Electoral Commission) is and who the second respondent (Nana Addo Dankwa Akufo-Addo) throughout.
In addition, in the last (sixth) relief sought by the petitioner, instead of requesting an order of the court to order a rerun between the petitioner and the winner of the 2020 presidential election, the plea was rather for a rerun between the petitioner and the Electoral Commission of Ghana.
Background
The presidential candidate of the NDC in the 2020 general election, John Dramani Mahama, officially filed a petition at the Supreme Court to challenge the 7 December presidential election result on 30 December 2020.
A statement from the NDC after the filing said: “The National Democratic Congress wishes to inform the general public that at about 12pm this afternoon, the leader and presidential candidate of the party, H E 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.”
“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.”
Seeking declaration
According to the NDC, the petition details grave violations of the 1992 constitution by the EC and its chairperson and returning officer for the presidential election, Jean Adukwei Mensa, in the conduct of their constitutional and legal responsibilities.
It seeks, among other things, a declaration from the Supreme Court to the effect that the purported declaration of the 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 after he secured 51.3% of the valid votes cast.
The result of the presidential election has since been gazetted. However, the NDC)says it cannot accept the declared result because it is “flawed”.
Wilberforce Asare
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