2020 Polls: Mahama files petition, wants presidential results annulled, fresh election held

The National Democratic Congress has announced that at about 12 PM this afternoon, Wednesday, 30 December 2020, “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”.

2020 Polls: Mahama files petition, wants presidential results annulled, fresh election held

The National Democratic Congress has announced that at about 12 PM this afternoon, Wednesday, 30 December 2020, “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”.

A statement signed by the party’s General Secretary, Mr Johnson Asiedu Nketia, said: “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”.

The petition, the statement noted, “details serious violations of the 1992 Constitution by the Electoral Commission and its Chairperson and Returning Officer for the presidential election, Mrs Jean Adukwei Mensa, in the conduct of their constitutional and legal responsibilities”.

“It seeks, among others, a declaration from the Supreme Court to the effect that the purported declaration of the results of the 2020 presidential election on the 9th day of December 2020 is unconstitutional, null and void and of no effect whatsoever”.

The statement said Mr Mahama “shall be addressing the nation at 8 PM today on the petition filed and other related matters”.

Find below some of the reliefs sought by Mr Mahama:

(a) A declaration that Mrs Jean Adukwei Mensa, Chairperson of [EC] and the Returning Officer for the Presidential Elections held on 7` 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 1020;

(b) A declaration that, based on the data contained in the declaration made by Mrs Jean Adukwei Mensa, Chairperson of [EC] 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 Adukwel Mensa, Chairperson of Respondent and the Returning Officer for the Presidential Elections held on 7″ December 2020, is unconstitutional, null and void and of no effect whatsoever;

(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.1. 130) dated 9th December 2020, issued under the hand of Mrs Jean Adukwel Mensa, Chairperson of the [EC] and the Returning Officer for the Presidential Elections held 7′ December 2020 and gazetted on 10th December 2020;

(e) An order of injunction restraining [President Akufo-Addo] from holding himself out as President-elect;

(f) An order of mandatory injunction directing the [EC] to proceed to conduct a second election with Petitioner and [Nana Akufo-Addo] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.

The NDC's statement said the underlisted personalities have been assigned as spokespersons on the matter and may be contacted by the media after the petitioner’s address to the nation and throughout the hearing of the matter:

1. Hon. Marietta Brew Appiah-Oppong Esq. - Former Attorney General and Minister for Justice. 

2. Hon. Dr Dominic Akuritinga Ayine Esq.- MP for Bolgatanga East and former Attorney General and Minister of Justice. 

3. Dr Abdul Baasit Aziz Bamba Esq. - Member of NDC Legal Team 

4. Hon. Alex Segbefia Esq.- Director of International Relations, NDC 

5. Abraham Amaliba Esq. - Director Legal, NDC 

6. Sammy Gyamfi Esq.- National Communications Officer, NDC 

7. Kakra Essamuah Esq.- NDC Communications Director 

8. Joyce Bawa Mogtari Esq. - Special Aide and Spokesperson of HE John Dramani Mahama 

9. Godwin Edudzi Tamakloe Esq. - Member of NDC legal team 

Signed,

Hon. Johnson Asiedu Nketia

(General Secretary)