THE PETITION: Mahama asks Supreme Court to annul declaration of Akufo -Addo as President-elect


Former President John Dramani Mahama, the Presidential Candidate of the National Democratic Congress (NDC), has filed a petition at the Supreme Court seeking the annulment of the declaration of President Nana Addo Dankwa Akufo-Addo as the President-elect by the Electoral Commission.

The petition which seeks an order of injunction restraining President Akufo-Addo from holding himself as the President-elect.

Former President Mahama is also asking the apex court to order the EC to conduct a second election with only him and President Akufo-Addo as the candidates.

Other reliefs sought by the former President include a declaration that the Chairperson of the EC, Mrs Jean Mensa, breached the 1992 Constitution, specifically Article 63(3) with the declaration that she made on December 9, 2020.

Also, the former President is asking the highest court of the land to declare that based on the data contained in the declaration “no candidate satisfied” the more than 50 per cent threshold required to be declared a winner of the presidential poll.

He also wants a declaration from the court that that the said declaration of President Akufo-Addo as the President-elect by the EC is “unconstitutional, null, void and of no legal effect”.

The petition was signed by former President Mahama, with the lawyer on record as Mr Tony Lithur.

Mahama’s case 
In his petition, the former President argues that the results announced by Mrs Mensa on December 9, 2020 did not give any candidate the more than 50 per cent threshold.

According to him, the EC Chairperson announced the total valid votes cast as 13,434,574, minus the results of Techiman South, with President Akufo-Addo obtaining 6,730,413 of the votes representing 51.595 per cent of the votes while he (Mahama) got 6,214,889 representing 47.366 per cent of the votes.

It is the case of Mr Mahama, per the figures, that the actual percentage for President Akufo-Addo minus Techiman South ought to be 50.098 per cent and not 51.595 per cent.

Also he argued that his percentage minus Techiman South should be 46.26 per cent and not 47.366 per cent.