Supreme Court adjourned election petition hearing to Tuesday

The Supreme Court of Ghana has adjourned the hearing of the 2020 election petition brought before it by the former President and flag bearer of the opposition National Democratic Congress (NDC) John Dramani Mahama to Tuesday January 19, 2021.

The apex started hearing the case on Thursday January 14.

This was after the court granted a motion by the petitioner to correct some errors in his petition.

One of the errors the petitioner sought to correct is the relief seeking the court to order a rerun of the presidential election between the petitioner John Mahama and the 2nd Respondent Nana Addo Dankwa Akufo-Addo, who the petition initially captured as the “1st Respondent”.

Earlier the court also granted the petitioners request to broadcast live the proceedings of the hearing. This action in accordance with Rule 69C (4) of C.I. 99, where provision is made for the proceedings of the court to be transmitted live if the court so determines.

It is the second time an election petition will be broadcast live, the first being in 2012 when the Fourth Republic experience its first election petition.

Background

The Presidential Candidate of the National Democratic Congress (NDC) in the December 7, 2020 Presidential Election, John Dramani Mahama sued the EC as 1^st Respondent and Nana Addo Dankwa Akufo-Addo as 2^nd Respondent, seeking the Supreme Court to grant him the following reliefs:

(a) A declaration that Mrs. Jean Adukwei Mensa, Chairperson of 1^st Respondent and the Returning Officer for the Presidential Elections held on 7^th December 2020 was in breach of Article 63(3) of the 1992 Constitution in the declaration she made on 9^th December 2020 in respect of the Presidential Election that was held on 7^th December 2020;

(b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1^st Respondent and the Returning Officer for the Presidential Elections held on 7^th 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 9^th December 2020 of the results of the Presidential Election by Mrs. Jean Adukwei Mensa, Chairperson of 1^st Respondent and the Returning Officer for the Presidential Elections held on 7^th 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 1^st Respondent and the Returning Officer for the Presidential Elections held 7^th December 2020 and gazetted on 10^th December, 2020;

(e) An order of injunction restraining the 2^nd Respondent from holding himself out as President-elect;

(f) An order of mandatory injunction directing the 1^st Respondent to proceed to conduct a second election with Petitioner and 1^st Respondent [2^nd Respondent as amended] as the candidates as required under Articles 63(4) and (5) of the 1992 Constitution.

Source: 3news.com