[2021]DLSC10003 • March 4, 2021 •
[2020 ELECTION PETITION JUDGMENT] JOHN DRAMANI MAHAMA vs. ELECTORAL COMMISSION AND NANA ADDO DANKWA AKUFO-ADDO
The Petitioner, John Dramani Mahama, the NDC Presidential Candidate in the 7th December 2020 election, challenged the declaration by the Electoral Commission (1st Respondent) and its Chairperson, Mrs. Jean Adukwei Mensa, that Nana Addo Dankwa Akufo-Addo (2nd Respondent) was validly elected President. The Petitioner alleged errors and lack of transparency in the declaration, claiming the 2nd Respondent did not obtain more than 50% of valid votes as required by Article 63(3) of the 1992 Constitution. The Petitioner sought declarations that the declaration was unconstitutional and orders for annulment of the declaration instrument and a rerun election between the two leading candidates.
read moreTHE 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 D...