Mahama seeks annulment of Presidential election results and a run-off

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John Mahama

Former President, John Mahama has filed a petition at the Supreme Court seeking an annulment of the Presidential election results and a re-run of the election between him and Nana Addo Dankwa Akufo-Addo who is the second Respondent in the petition.

The petition is also seeking a mandatory injunction directing the 1st Respondent, the Electoral Commission to proceed to conduct a second election between the petitioner and the 2nd respondent as the candidates,, as required under Articles 63 (4) and (5) of the 1992 constitutions.

The petition, which was filed on behalf of the petitioner by Mr Godwin Edudzi Tamekloe, a member of the Party’s legal team and Mr Sammy Gyamfi, the National Communications Officer of the Party indicated that, per Mr Mahama’s data and the declaration by the Electoral Commission none of the candidates satisfied the requirement of Article 63 (3) of the 1992 Constitution to be declared President-Elect.

The petition also seeks a declaration that the announcement of the results was unconstitutional, null and void and prays the court to stop President Akufo-Addo from holding himself as President-Elect.

Under 1992 Ghana’s constitution a winning candidate in a presidential elections must garner 50 per cent + 1 of the votes cast.

The petitioner avers that in making the said declaration, the 2nd Respondent who is the Returning Officer for the Presidential Election violated the constitutional duty imposed on the Chairperson of the ist Respondent per Article 23 and 296 (a) of the 1992 Constitution to be fair, candid and reasonable.

He said the said declaration was made arbitrarily, capriciously and with bias in favour of the 2nd Respondent contrary to Article 296(b) of the 1992 Constitution.

“That the said declaration was made without regard to due process of law as required under Article 23 and 296 (b) of the 1992 Constitution’.

The petitioner intends to call five witnesses in the hearing. 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.

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