Presidential candidate of the National Democratic Congress (NDC), John Dramani Mahama is praying the Apex Court to nullify the declaration of President Akufo-Addo as President-Elect by the Electoral Commission for a re-run of the Presidential election.
In a petition filed by his lawyers at the Supreme Court of the land today, Wednesday, December 30, Mr. Mahama argued that the Chairperson of the Electoral Commission, Jean Mensa breached provisions of the 1992 Constitution when she declared Nana Addo Dankwa Akufo-Addo of the NPP as president-elect.
Mr. Mahama categorically accused Mrs. Mensa of being bias, arbitrary, capricious and disregarding due process in making the declaration to favor president Akufo-Addo.
The NDC’s 2020 presidential candidate is therefore seeking among other reliefs a declaration that none of the candidates who participated in the December 7 polls secured over 50 percent of the total valid votes cast to be declared president-elect as required by the 1992 Constitution.
“A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and 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,” excerpts of the petition read.
He also praying the court to nullify the declaration of president Akufo-Addo as president-elect as well as order an annulment of the Declaration of President-elect Constitution Instrument which was gazetted on December 10 and injunct president Akufo-Addo from holding himself out as president-elect.
The former president is also asking the highest court of the land to direct the EC to conduct a run-off of the 2020 presidential election between the two leading candidates, himself and Nana Akufo-Addo.
Mr. Mahama wants “an order annulling the Declaration of the 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 Returning Officer for Presidential Elections held on 7th December, 2020 and gazetted on 10th December, 2020;
An order of injunction restraining the 2nd Respondent from holding himself out as President-elect;
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 Articles 63(4) and (5) of the 1992 Constitution.”
On December 9, 2020, Chairperson of the EC declared President Akufo-Addo of the New Patriotic Party (NPP) as winner of the December 7 polls after he polled 6.7 million votes representing 51.30 percent of the total valid votes cast with his main contender, John Dramani Mahama of the National Democratic Congress (NDC) trailing behind him with 6.2 million votes which represent 47.35 percent.
But Mr. Mahama and his NDC insisted that they won the elections and accused the EC of rigging the elections in favor of the NPP and its candidate.
They have since been embarking on street protests until today when they filed a suit challenging the outcome of the elections.
