John Mahama
The Supreme Court has in a unanimous decision dismissed the petition filed by former President John Dramani Mahama challenging the result of the 2020 Presidential Election for lacking merit.
The seven member panel of the court presided over by Chief Justice Kwasi Anin Yeboah in its judgement held that Mr. Mahama failed to demonstrate how the error contained in the declaration of the result made by the Chairperson of the Electoral Commission (EC), Jean Mensa on December 9, 2020, affected the outcome of the election.
The court was also of the opinion that the petitioner cannot ask the court to rely on the error of using total votes cast instead of total valid votes as a basis for calling for run-off election between him and President Nana Akufo-Addo.
Again, the court held that it was established during the trial that the total valid votes of the election is 13,121,111 and going by that, President Akufo-Addo obtained more than 50% of the total valid votes as mandated by the Constitution hence validly elected.
The Apex Court speaking through the Chief Justice Anin Yeboah also held that the petition failed to prove his allegation of vote padding in favor of the President, adding that even though vote padding is a serious issue, the alleged figures of 4,693 did not affect the outcome of the election.
The court therefore, threw out Mr. Mahama’s prayer for an order for a run-off and dismissed the petition for lacking merit.
Other members of the panel include Justices Yaw Apau, Samuel Marful- Sau, Nene Amegathcher, Prof. Nii Ashie Kotey, Mariama Owusu and Gertrude Torkornoo.
Petition
The former President had petitioned the Supreme Court over the results of the 2020 Presidential election which according to the Electoral Commission was won by Nana Akufo-Addo.
He was seeking the court to declare that the results of the 2020 Presidential Election announced by the Chairperson of the EC was in breach of Article 63 (3) of the 1992 Constitution.
Mr. Mahama in his petition urged the Supreme Court to annul the results of the December polls as per the data contained in the declaration none of the candidates who contested the election got the required more than 50 percent of total valid votes cast.
He also asked the Apex Court for an order of injunction restraining Nana Akufo-Addo holding himself out as President-elect.
Again, the former President wanted the court to order the Electoral Commission to organize a second election with himself and Nana Akufo-Addo as the only two candidates.
BY Gibril Abdul Razak