2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana unanimously dismissed John Dramani Mahama’s petition challenging the Electoral Commission’s declaration of Nana Addo Dankwa Akufo-Addo as President-elect in the 7 December 2020 presidential election. Proceeding under Article 64(1), Mahama sought declarations that the 9 December announcement breached Article 63(3), annulment of C.I. 135, an injunction against Akufo-Addo, and a rerun between the top two candidates. The Court held the petition disclosed a cause of action but failed on the merits. The petitioner admitted the correct total valid votes (13,121,111) and offered no contrary figures; calculating from declared candidate totals showed Akufo-Addo exceeded 50% both with and without Techiman South. The EC Chair’s misdescription of total votes as valid votes, corrected on 10 December, was permissible under Article 297(c) and Interpretation Act section 22(1) and did not affect the outcome. Invoking Article 63(9) and Evidence Act section 37, the Court found the presumption of validity unrebutted. Strong Room complaints and alleged vote padding were unproven and immaterial. The respondents lawfully rested on petitioner’s case. The petition was dismissed.
JUDGMENT
THE UNANIMOUS JUDGMENT OF THE COURT WAS READ BY YEBOAH CJ.
YEBOAH CJ:-
In this amended petition (hereinafter referred to as the Petition) , the Petitioner, who was the Presidential Candidate of the National Democratic Congress (NDC) in the 7th December 2020 Presidential Elections, is seeking six reliefs against the Electoral Commission as 1st Respondent and the Presidential Candidate of the New Patriotic Party (NPP) as the 2nd Respondent. The reliefs are in the nature of three (3) declarations and three (3) orders.
Aside of relief (e), which is praying the Court to restrain the 2nd Respondent from holding himself out as the President-elect of Ghana, all the other reliefs were directed against the 1st Respondent. These reliefs are:
(a) A declaration that Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Elections held on 7th 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, 2020;
(b) A declaration that, based on the data contained in the declaration made by Mrs. lean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Election 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 Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Election held on 7th December 2020 is unconstitutional, null and void and of no effect whatsoever;
(d) An order annulling the Declaration of President-Elect Instrument, 2020 (C.I.135 ) dated 9th December 2020, issued under the hand of Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the Returning Officer for the Presidential Election held on 7th December 2020 and gazetted on 10th December, 2020;
(e) An order of injunction restraining the 2nd Respondent from holding himself out as President-elect:
(f) An order of mandatory injunction directing the 1st Respondent to proceed to conduct a second election with Petitioner and 2nd Respondent as the candidates as required under article 63(4) and (5) of the 1992 Constitution.
{Emphasis mine}
The language in which the first four reliefs (a - d) were crafted is suggestive that