Mahama’s election petition incompetent and lacks substance; dismiss it – Akufo-Addo to SC

The President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo, has told the Supreme Court (SC) of the land to outrightly dismiss the Election Petition brought before it by the 2020 Presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama.

In the view of President Akufo-Addo, who is the 2nd Respondent in the said Election Petition, in which Mr. Mahama is praying to the court to order for a re-run of the 2020 Presidential poll, the Petitioner’s claim lacks merit and substance and same does not measure up to the legal criteria for an action invoking the Court’s jurisdiction under Article 64(1) of the Constitution.

“2nd Respondent denies each and every allegation of material fact contained in the Petition, save as expressly admitted, as if same were set out in extensor and denied seriatim. 2nd Respondent in general answer to the Petition says that same is incompetent, devoid of substance and does not measure up to the legal criteria for an action invoking this Honourable Court’s jurisdiction under Article 64(1) of the Constitution”, noted President Akufo-Addo.

His comments were contained in his legal response to the Election Petition filed against him and the Electoral Commission of Ghana by John Dramani Mahama, who is also a former President of the land.

The Chairperson of the EC, Madam Jean Mensa, as the Returning Officer of the Presidential poll, announcing the winner of the December 7 Presidential election told Ghanaians that her outfit recorded 13,434,574 valid votes cast out of which the Presidential Candidate of the New Patriotic Party (NPP), Nana Addo Dankwa Akufo-Addo secured 6,730,413, representing 51.59%, and making him the President-elect.

“It is my honour as the Electoral Commissioner of Ghana, to declare Nana Addo Dankwa Akufo-Addo as President-elect of the Republic of Ghana”, she declared.

Mr. Mahama, being the main contender in the 2020 Presidential poll, on the other hand, also obtained 6,214,889 of the total valid votes cast, representing 47.366%.

Madam Jean Mensah further announced at a press conference held at the Accra International Conference Center on Wednesday, December 9, 2020, the result declared excludes the Techiman South constituency which has a voter population of 128,018.

The outcome of the Techiman South constituency poll, she added, is currently in dispute by the political parties, noting that, if all the votes are even added to that of Mahama, it will have no effect on the outcome of the election.

However, the EC in its release dated Thursday, December 10, 2020, summarizing the 2020 Presidential Election results admitted some discrepancies in the figures Chairperson Jean Mensa announced on Wednesday but noted that it has no effect on the outcome declared.

According to the release, the total valid votes cast is 13,119,460 instead of the 13,433,573 announced earlier by Chairperson Jean Mensa. The new figures still does not include that of Techiman South.

With the new figures churned out, it means candidate Akufo-Addo of the NPP obtained 6,730,587, representing 51.302% to become the President-elect.

Mr. John Dramani Mahama on the other hand also obtained 6,213,182, representing 47.359% of the total valid votes cast.

Mr. Mahama and his party have rejected the results of the December 7 polls describing the election as flawed.

According to the NDC, their analysis of the pink sheets available to them shows clearly that Mr. Mahama won the elections.

Mahama told Voice of America in an interview that he might end up in court to challenge the verdict of the 2020 Presidential polls. True to his words, on Wednesday, December 30, 2020, Mr. Mahama petitioned the Supreme Court of the land, and prayed that the Honourable Court order for a re-run of the election.

To him, per his calculation of the results on the face of the pink sheets available to him, Mr. Akufo-Addo did not obtain the required number and percentage as demanded by law to be declared by the Electoral Commissioner winner of the 2020 Presidential poll.

However, Mr. Akufo-Addo in response said the claims by the Petitioner lacked merit and also prayed to the Court to dismiss the Petition.

“2nd Respondent says that the election was conducted across 38,622 polling stations in Ghana and 311 Special voting centers, and that in each polling station and special voting center, the votes were counted and the results declared in the presence of representatives of the candidates, counting agents, voters, the general public and in most instances, the media and local and international observers. Upon the declaration of results, copies are posted at the various polling stations in accordance with the law governing the elections”, the legal response of Mr. Akufo-Addo addressed to the Supreme Court in part read.

It added “2nd Respondent states that the Petition does not disclose any attack on the validity of the election held throughout the 38,622 polling stations and 311 special voting centers, or any of the processes set out in paragraphs 3 and 4. In point of fact, Petitioner only devotes overwhelming portion of the Petition (30 out of 35 paragraphs) to weak and inconsistent complaints about the ‘declaration of the winner’ of the election by 1st Respondent, and the remaining five (5) paragraphs to empty allegations of ‘wrong aggregation of votes’ and ‘vote padding’, which collectively involve about 6,622 votes – an amount patently insignificant to materially affect the outcome of an election in which 2nd Respondent defeated Petitioner by well over 500,000 votes”.

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