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Tag: Election Petition

  • INEC boss to appear before election petition court on Thursday

    INEC boss to appear before election petition court on Thursday

    On Thursday, Prof. Mahmoud Yakubu, the Chairman of the Independent National Electoral Commission (INEC), is scheduled to appear before the Presidential Election Petition Court.

    This information was disclosed by Chris Uche, SAN, the lead counsel representing Atiku Abubakar and the Peoples Democratic Party (PDP) in their ongoing petition.

    The petition, registered as CA/PEPC/05/2023, challenges the outcome of the presidential election held on February 25, which declared President Bola Tinubu as the winner. The respondents in the case include the Independent National Electoral Commission (INEC), President Bola Tinubu, and the All Progressives Congress (APC).

    During the hearing, Uche informed the court that the INEC chairman would testify about the conduct of the disputed presidential election. Uche also expressed his desire for the respondents, particularly Tinubu and the APC, to be prepared and not caught off guard.

    Before Prof. Yakubu’s appearance, the petitioners presented their 19th witness, Alex Ter, who is a lawyer, politician, and the National Coordinator of the PDP’s National Situation Room.

    However, Abubakar Mahmoud, SAN, representing INEC, objected when the witness was about to adopt multiple statements. Mahmoud argued that the petitioners’ reply on the additional statements was not pleaded in accordance with the provisions of the law. He requested the court to dismiss it and uphold the objection. Mahmoud also stated that their detailed reasons for the objections would be communicated during the final addresses.

    In response, Uche, representing the petitioners, informed the court that the objections raised by INEC had been argued, and the ruling on them was reserved by the court.

    “Whatever objection that INEC has should be kept aside, “  Uche said.

    He therefore, urged the court to overrule the objection and allow the process go on.

    He told the court that they are tendering Manual for the conduct of the 2023 election.

    He said he will be tendering video clips of broadcast, by the chairman of INEC on the preparation for the election and that of Festus Okoye National Commissioner and Chairman of the Information and Voter Education Committee of INEC on the election.

    The also said that he will be tendering European Union (EU) election observers mission broadcast alongside the transcripts and the certificates of authenticity of the three videos.

    He said this was pursuant to Section 84 of the Evidence Act.

    He also tendered INEC I-reV screen shots of the portal as of March 18 and March 19.

    Also tendered was I-reV results portal at the pulling units of March 1 and the transcripts and certificates of authenticity.

    INEC did not object but Tinubu and APC objected, but all the respondents reserved their responses until their final written addresses.

    Under cross examination by INEC’s lawyer, Mahmoud, the witness admitted that he was not at the National Collation Center but was at the PDP situation room in the Federal Capital Territory (FCT).

    He also admitted not being an ICT experts but that he based his report from information obtained from agents of the PDP at the collation centers.

    The witness faulted INEC for not transmitting presidential election results electronically, adding that calculation errors led the electoral body into grave errors .

    Also cross examined by Akin Olujimi SAN, counsel for Tinubu, the witness said that he came to the conclusion that the presidential election was invalid by reason of corrupt electoral practices as related to him by PDP agents.

    Testifying as the petitioners ‘ 20th witness (PW20) was Olutunji Shelle.

    He alleged during cross examination by INEC counsel that there were some secret pulling units set up by APC in Lagos.

    He however said he did not visit any.

    The News Agency of Nigeria (NAN) reports that the petitioners have called 20 witnesses so far out of 100 the told the court their would call.

    Meanwhile, the five-man panel led by Justice Haruna Tsammani adjourned until tomorrow for further hearing of the petition.

  • For too long, we have endured mistreatment on our own land – Ga Mantse fumes

    For too long, we have endured mistreatment on our own land – Ga Mantse fumes

    The Ga Mantse, Nii Teiko Tsuru II is upset about what he called a disdain for the mistreatment of Gas on their own land.

    The Ga King claims that his people are depressed about the situation.

    “Ga Dangbe is sad, sad because of a lot of things that are being done against us. That is why I am speaking in English today and I want you to hear we are sad!

    “We are sad about the way we are being treated in the capital. People just get up, go to a place like Agbogbloshie and start building why? Without even consulting a traditional authority,” he said,

    The Ga Mantse made these remarks during a visit by the New Patriotic Party (NPP) flagbearer hopeful, Mr Alan Kyerematen to his palace on Monday.

    He stated that Gas have the ability to decide the outcome of the 2024 general election, thus should be recognised as key stakeholders in the affairs of the country.

    “We will decide this election in 2024 because Accra is the pivot of the election. Accra is Ghana and Ghana is Accra, don’t take us for granted” he pointed out

    The Ga Mantse pledged his support and that of Gas in general if Mr. Kyerematen would formalise his relationship with them.

    “Build a social contract with the Ga-Adangbe people and you will see the light.  Reiterating the number of people you have mentioned of Ga descent, Obetsebi Lamptey, Ako Adjei and all, are great men who stood and fought for this party. If you win your bid, which we pray you do, don’t forget the toil of these great leaders whose will, thought and process made this party what it is today,” he said.

    “Remember that the Ga’s have laid down their lives for you,” he added.https://w.soundcloud.com/player/?

    On his part, the former Trade and Industry Minister has been making some promises on the back of the Ga King’s remarks

    According to Mr Kyerematen, he will transform Accra if he becomes president of Ghana.

    He added that he will ensure that Ga’s feature very prominently in government.

    “In our party our symbol is the elephant and we know that it is the symbol of the Ga State. All Gas naturally belong to the NPP and there is a spiritual connectivity between our symbols…. The role that the Ga community has played in bringing us to power must be appreciated by our party. And so if it is God’s will that I lead this party and I become president, I will make sure that Ga’s feature very prominently in government,” he assured.

  • Election Petition: Supreme Courts verdict well-reasoned, excellent Akufo-Addo

    President Nana Addo Dankwa Akufo-Addo has said that the verdict given by the seven-member justices of the Supreme Court on the election petition filed by Former President John Dramani Mahama, as well-reasoned and excellent.

    Delivering his first State of the Nation Address in his second term on Tuesday, March 9, Mr Akufo-Addo said the judgment was “Well reason and excellent of the Supreme Court presided over by the Chief Justice on 4 March.”

    The highest court of the land by a unanimous decision dismissed the election petition brought before it by the Presidential Candidate of the National Democratic Congress (NDC) in the 2020 elections.

    The seven-member panel led by Chief Justice Kwasi Anin-Yeboah dismissed the petition on Thursday, March 4, saying it was without merit.

    “The petitioner has not produced any evidence to rebut the presumptions created by the publication of CI 135. We are therefore of no reason to order a rerun. We accordingly dismiss the petition,” the Chief Justice said in the judgment.

    The justices of the apex court further told witnesses of the petitioner, Mr Rojo Mettle-Nunoo and Dr Michael Kpessa-Whyte to blame themselves for abandoning their duties in the strong room during the final collation of the election results if their claims are to be believed.

    During proceedings, the two witnesses told the court that they were sent by the Chair of the Electoral Commission (EC) to Mr Mahama at the time of the collation of the final results in the strong room. In their absence, the results were then announced.

    Delivering the judgment on Thursday, March 4 the court said “…Notwithstanding all these allegations of misunderstandings with the chair of the 1st respondent in the strong room and the fact that they were absent during the declaration, they did not give any indication as to how these happenings in their absence affected the final results announced by the 1st Respondent.

    “Having signed or certified these forms, the witnesses, particularly PW 3 cannot turn round to talk about irregularities in the forms.

    “The testimonies would have carried some little weight if the purpose of the petition was to change entries made on the collation forms or summary sheets but that is not the case.

    “Their testimonies were therefore of no relevance to the said issues set out for determination and so we find them unworthy for consideration whatsoever.”

    Source: 3 News

  • How Mahama and Akufo-Addo reacted to Election Petition judgements of 2013 and 2021

    Whilst waiting for the verdict from the Justices of the Supreme Court, President John Dramani Mahama and his Vice President Kwesi Bekoe Amissah-Arthur (now deceased), donned white linen jumper attire and sat quietly monitoring the court proceedings on TV.

    After Justice William Atuguba, the President of the panel declared that John Dramani Mahama had been validly elected in the 2012 election, John Dramani Mahama and Kwesi Bekoe Amissah-Arthur were seen smiling and clapping their hands.

    The two then hugged each other while some party members at the Jubilee House cheered them on.

    President Mahama had an important phone call. Vice President Amissah-Arthur confirmed to journalists at the presidency that it was the NPP candidate, Nana Addo Dankwa Akufo-Addo, who had called to congratulate President Mahama on his victory.

    How Akufo-Addo reacted in 2021

    President Nana Addo Dankwa Akufo-Addo and Vice President Dr. Mahamudu Bawumia were earlier seen in a viral photo on social media seated in the comfort of the president’s office at the Jubilee House while watching the proceedings on TV.

    The Chief Justice, Kwasi Anin-Yeboah, who delivered the two-hour-long plus verdict of the seven-member panel, is heard declaring: “your petition is dismissed without merit”.

    In a video that has emerged after the judgement, the president and the vice president are seen celebrating in what can be described as a mild way, with the only more exciting aspect of what the video shows being the moment Vice President Mahamudu Bawumia momentarily claps his hands on the news of the verdict.

    He then gets up from his seat, turns to President Akufo-Addo, who is still seated, greets him with an elbow in the coronavirus-style and takes a bow.

    It is unclear if former President John Dramani Mahama has called to congratulate President Akufo-Addo like it was reported Akufo-Addo did in 2013.

    Source: www.ghanaweb.com

  • Akufo-Addo, Bawumia join Election Petition on Judgement day

    2nd Correspondent in the Election Petition Hearing Case, Nana Addo Dankwa Akufo-Addo is monitoring proceedings at the Supreme Court from his office at the presidency.

    He is joined by his Vice, Dr. Mahamudu Bawumia.

    Mr. Akufo-Addo is being challenged by Petitioner, John Dramani Mahama in the case.

    According to Mahama, neither himself, and President Akufo-Addo, who were the leading candidates in the 2020 elections, obtained more than 50 per cent of the valid votes cast per the results declared by Jean Mensa, the EC Chairperson on 9 December.

    Mr. Akufo-Addo is being represented in court by Campaign Manager for the New Patriotic Party, Peter Mac Manu, and a legal team comprising of Lawyer Akoto Ampaw who is the head of the team, assisted by Frank Davis, Kwaku Asirifi and Yaw Oppong.

    After weeks of legal arguments and cross-examination, the Supreme Court of Ghana is delivering judgement in the Election 2020 Petition trial.

    The court has set the following for determination:

    1. Whether or not the petition discloses any reasonable cause of action

    2. Whether or not based on the data contained in the declaration of the 1st Respondent (EC), no candidate obtained more than 50% of the valid votes cast as required by article 63 (3) of the 1992 constitution

    3. Whether or not the 2nd Respondent still met the article 63 (3) of the 1992 constitution threshold by the exclusion or inclusion of the Techiman South constituency Presidential Election Results of 2020

    4. Whether or not the declaration by the 1st Respondent dated the 9th of December was in violation of article 63 (3) of the 1992 constitution

    5. Whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the Presidential Election results of 2020.

    Watch a livestream of the judgement on GhanaWeb TV below:

    Source: www.ghanaweb.com

  • Election Petition: What Supreme Court will reportedlyconsider on Judgement Day

    The Supreme Court of Ghana has set March 4, 2021, as the Judgement Day for the 2020 Election Petition filed by John Dramani Mahama, the NDC presidential candidate for the December 7, 2020, election.

    “The petition is adjourned to March 4, 2021, for judgement,” Chief Justice Kwasi Anin-Yeboah said.

    John Dramani Mahama filed the petition to challenge the December 9 declaration of the December 7 election results by Jean Mensa, the Electoral Commission Chairperson, in favour of the NPP candidate Nana Addo Dankwa Akufo-Addo.

    After several days of failing to convince the court to have his case reopened, John Mahama, through his legal team was given permission by the Supreme Court to file his closing address on Tuesday, even though the two Respondents have filed theirs already.

    “We are of the opinion that the petitioner should be granted leave to file his closing address on or before Tuesday, February 23, 2021,” the Chief Justice said, “in the interest of justice”.

    The five issues set out for trial

    The Supreme Court on January 20, 2021, set out five issues for determination after listening to arguments based on the petition and responses from both Respondents.

    The five issues that will inform the judgement are:

    1. Whether or not the petition discloses any cause of action – that is, if there is any legal grounds for the petition.

    2. Whether or not the second respondent [Nana Addo Dankwa Akufo-Addo] met the Article 63 (3) threshold of the 1992 Constitution – this constitutional provision states that a presidential candidate must obtain more than 50 per cent of the total valid votes cast to be declared President-elect.

    3. Whether or not the 2nd respondent [Nana Akufo-Addo] still met Article 63(3) of the 1992 threshold by the exclusion or inclusion of the Techiman South Constituency presidential election results.

    4. Whether or not the declaration by the first respondent’s Chairperson (the EC’s Jean Mensa) on December 9 of the presidential election conducted on December 7 was in violation of Article 63(3) of the 1992 Constitution.

    5. Whether or not the alleged vote padding and other errors complained of by the petitioner affected the outcome of the presidential election results of 2020.

    Source: www.ghanaweb.com

  • Election Petition: I advise petitioner to file a motion to discontinue petition NDC MP

    Rockson-Nelson Este Kwami Dafeamekpor, the NDC MP for South Dayi has said the Petitioner in the ongoing Election Petition at the Supreme Court should file a motion to discontinue the hearing.

    According to him, looking at how the Justices at the Supreme Court are throwing out motions filed by the Counsels for the Petitioner, it clearly shows that the opposition party is endangered in the country and that “Justice emanates from the people” as espoused in the Constitution no longer holds.

    In a post on his Twitter timeline sighted by GhanaWeb, the MP wrote, “I advise that the party files a motion for leave to discontinue or withdraw the petition without liberty to reapply. The NDC is clearly endangered in this Country. “Justice emanates from the People… Art. 125(1)”.

    The seven-member panel of the Supreme Court in its ruling on Tuesday, February 16, said it cannot give the petitioner in the on-going election petition an opportunity to reopen his case for the purpose of a subpoena being issued on Jean Adukwei Mensah, Chairperson of the Electoral Commission.

    Jean Mensa, as the Returning Officer of the presidential election, has the sole responsibility of declaring the election results.

    The court presided over by Chief Justice (CJ) Kwasi Anin-Yeboah is of the view that the petitioner cannot hide under the cloak of new evidence to fill the gaps and lapses in his case.

    The Justices also pointed out that the petitioner has not even adduced any new and compelling evidence in its application and that “petitioner has advanced the same arguments” of his counsel during an earlier oral argument on that matter, the day all parties closed their case on 11 February 2021.

    Tsikata had on 11 February, made the oral submission for reopening of the case since the CJ himself had expressed surprise that the respondents had closed their case suddenly, opting not to call their scheduled witnesses.

    The Chief Justice in an extensive reference to the Poku v. Poku 2007-08 Supreme Court of Ghana case available in the Ghana Law Report, read the unanimous ruling.

    “The rule is intended to assist an applicant who has made a general attempt to look for the evidence and has worked in favour to cause us to be ardent to unmasking attempt by an unsatisfied party coming through the back door and under the cloak of having to come by new or fresh evidence seeking to fill in gaps or lapses in his or her case. The rule is not meant to aid the slothful or indolent, the reckless or negligent litigant whether acting same or through his counsel” the Chief Justice quoted.

    He continued the aforementioned reference: “The application is not granted on compassionate grounds neither is it meant to give [……], particularly a litigant, acting through counsel and who fails at the trial to marshall his facts carefully or fails to conduct his case properly by presenting essential evidence at the trial or through the necessary cross-examination. And also fails to conduct the necessary investigation in which he would have thrown light on or strengthened his case or give him or her a second chance at rebuilding his or her case,” Justice Anin Yeboah quoted.

    According to the Chief Justice, the same point was captured in the case of Annabel versus Owusu 1982-83, Ghana Law Report 585.

    He concluded by referencing a Canadian case cited by Akoto Ampaw, counsel for the 2nd Respondent, and stated that even though the power to grant an applicant the opportunity to reopen their case is at the discretion of the court, it must be used sparingly.

    Source: www.ghanaweb.com

  • Election Petition: Supreme Court ruling on petitioners application to cross-examine respondents

    The Supreme Court has in a unanimous decision ruled that the Chairperson of the Electoral Commission, Jean Mensa, and Peter Mac Manu, Campaign Manager and representative for 2nd Respondent, Nana Addo Dankwa Akufo-Addo cannot be forced to testify in the Election Petition case.

    The ruling on Thursday, February 11, 2021, on the back of a decision by lead counsel for the Electoral Commission, Justin Amenuvor and that of President Akufo-Addo, Akoto Ampaw, asking for permission not to call any witness.

    Chief Justice Kwasi Anin-Yeboah, on behalf of the Justices of the Supreme Court, said the judges were not convinced by the contrary arguments made by Tsatsu Tsikata, lead counsel for the petitioner.

    Again, the depositions in affidavits with regards to the interrogatories do not mean the witness can be compelled.

    He explained that no provision in the constitution or statute has been pointed out to show the EC chairperson can be subjected to different rules contrary to established rules of procedure and settled practice.

    Chief Justice Anin-Yeboah also sided with the respondents that the burden of proof lies on the petitioner and can only be shifted when that condition has been satisfied.

    “We are minded to state that our jurisdiction invoked in this election petition is a limited jurisdiction clearly circumscribed by law. We do not intend to extend our mandate beyond what the law requires of us in such petitions brought under Article 64 (1) challenging the validity of the election of a president. Simply put, we are not convinced, and we will not yield to the invitation being extended to us by counsel for the petitioner to order the respondents to enter the witness box to be cross-examined. Accordingly, we hereby overrule the objection raised by the counsel for the petitioner against the decision of the respondents declining to adduce evidence in this petition,” he added.

    Counsels for the Respondents had insisted that the evidence put forth by the petitioner, John Dramani Mahama, does not meet the burden of proof thereby making it unnecessary to put a witness for a counter case.

    Citing Order 36 Order sub-rule 4 and 38, rule 3 (e) sub-rule 1 and 5 of CI 47 as amended by CI 87 as the basis for their decision to close their case and not call a witness, Justin Amenovor argued that the burden of proof in the petition hearing lies on the petitioner and therefore it will be wrong for the lead counsel for John Dramani Mahama to adduce evidence from the Chairperson of the EC, Jean Mensa.

    Justin Amenovor suggested that other parties can treat the witness statement by the EC Chair as a “hearsay”.

    Likewise, lead counsel for President Nana Addo Dankwa Akufo-Addo, Akoto Ampaw, also argued that the petitioner has not been able to make a solid case in court hence the decision to close their case.

    He further insisted that the petitioner “should rather be happy since his petition would be ruled on by his own evidence”.

    But disputing these arguments, lead counsel for the petitioner, Tsatsu Tsikata said since the lawyers have not made a submission of no case, the burden of proof does not apply as argued by the lawyers for the EC and Akufo-Addo.

    He also explained that the EC Chairperson has a constitutional duty to give accounts of events that led to the December 9, 2020, election declarations and to clarify how some errors were made.

    The Supreme Court then ordered the Respondents to file their addresses for the closure of their case by February 17.

    The hearing has also been adjourned to February 18, 2021.

    Read the full ruling of the Supreme Court as read by the Chief Justice.

    Source: www.ghanaweb.com

  • Election Petition: Itll be a dent on ECs image if they evade cross-examination Franklin Cudjoe

    Franklin Cudjoe, the founding President and CEO of IMANI Africa has said if the Chairperson of the Electoral Commission succeeds in not subjecting herself to cross-examination in the ongoing Election Petition at the Supreme Court, it will be a major dent on the credibility of the Electoral Commission.

    According to him, the ordinary Ghanaian will think that there will be some moral victory for John Dramani Mahama who is the Petitioner in the Election Petition.

    “It will be a major dent to the EC’s image if its lawyers succeed to have their own witness evade cross-examination. Many laypeople will think that moral victory will be the Petitioner if that happens. This is getting [more] interesting than I imagined,” Franklin Cudjoe wrote on his Facebook timeline. “Somehow, I think Charlotte [Osei, the former EC Chairperson] would have jumped at the opportunity to defend her work.”

    Counsels for the first Respondent and second Respondent told the Supreme Court on Monday, February 8, that they do not intend to open their defence nor call witnesses.

    Citing Order 36 Rule 43 and C.I 87 rule 3 (e) 5, lead counsel for the EC, Justin Amenuvor told the 7-member panel of judges that the EC was satisfied with proceedings so far and asked the court to make a determination on the petition before it.

    But Tsatsu Tsikata disagreed, explaining that the request by the counsel for the 1st Respondent was not in line with Order 36 Rule 43 and CI 87 rule 3 (e) 5 as stated.

    Source: www.ghanaweb.com

  • LIVESTREAMING: 2020 Election Petition hearing

    The Supreme Court will resume the 2020 Election Petition case filed by the Presidential Candidate of the National Democratic Congress (NDC), John Dramani Mahama today Friday, February 5.

    The case was adjourned after the lawyers for Mr. Mahama requested an in-camera hearing on the status of one of their witnesses due to ill-health.

    However, a third witness of the petitioner Mr. Robert Joseph Mettle Nunoo, on Thursday, February 4 filed his witness statement at the Supreme Court to enable him to testify in the case.

    The statement was filed on his behalf by the petitioner, Mr. John Dramani Mahama.

    In his 39 point statement, the representative for the petitioner highlighted his role in the strong room of the EC, his various interactions with the Chairperson of the Commission, Jean Mensa, and other officials during the electoral process.

    He is set to be cross-examined by counsels of the EC and President Addo Dankwa Akufo-Addo today.

    Mr. Mettle-Nunoo became critical in the petition after the second witness, Dr. Michael Kpessa-Whyte, during his cross-examination, said the former minister was instructed by the Chairperson of the EC, Jean Mensa, to go and consult with Mr. Mahama over some grievances.

    Former President John Dramani Mahama is currently at the Supreme court challenging the verdict of the 2020 elections which declared Nana Akufo-Addo as President.

    The Electoral Commission (EC) declared President Nana Addo Dankwa Akufo-Addo of the New Patriotic Party (NPP) the winner of the 2020 polls, however, Mr Mahama disagrees with the figures put out by the Chair of the Commission.

    John Mahama, the National Democratic Congress (NDC) Presidential Candidate is therefore seeking a rerun of the election because he believes no candidate won the polls.

    The court is expected to hear the case and give a ruling within a period of 42 days.

    Source: ghanaweb.com

  • SC ruling: Petitioner suffered a major blow when his application for inspection was dismissed Lawyer

    A private legal practitioner, Lawyer Tachie Antiedu says it was not surprising that the Supreme Court by a unanimous decision dismissed the application by lawyers for petition John Dramani Mahama to inspect original documents in the custody of the Electoral Commission (EC).

    He explained that it is not in the rules of procedure used by the Apex court for this application to be granted but through the inherent jurisdiction of the court, it could have granted on grounds for a fair trial.

    The lawyer speaking on Frontline on Rainbow Radio 87.5Fm said the ruling should not surprise people.

    He said the most important thing is the duties of a person who goes to court either as a petitioner or a plaintiff, you, have the burden to provide evidence to support your claims.

    He said you have the burden to argue your case and convince the court that you have a strong case.

    The lawyer told hoast Kwabena Agyapong the dismissal of the application was a big blow to the petitioner.

    The petitioner was seeking to have documents which include the originals of the constituency presidential election result collation forms (form 9) for all constituencies, the originals of all constituency presidential election results summary sheet (form 10) and the originals of the regional presidential election collation forms (form 11) for all regions.

    The others are the team is asking for the originals of the regional presidential election results summary sheets (form 12) for all regions and the original declaration of the presidential results form (form 13) and the records of the alleged update to the purported declaration of presidential election results on 9th December 2020, of the results of four (4) constituencies in the Greater Accra Region.

    But the court in its ruling said the petitioner failed to demonstrate that he had no copies of the documents in question.

    The court said the witnesses of the petitioner admitted on oath of having copies of the documents.

    The chair of the panel Chief Justice Anin-Yeboah said the application and whether it would be granted was subject to the discretion of the court and not as of rights.

    He added the application did not also raise that it had no copies of the original documents.

    “In the instant case, the applicant has not raised any issue that he has no copies of the documents of the subject of this application. In view of the fact that the proceedings show the petitioner has copies of all the documents the subject of this application. We are of the opinion that no proper case has been made to warrant the exercise of our discretion in favour of the applicant.”

    The lawyer in his opinion said this was not surprising and the copies the petitioner have is as genuine as the originals unless there is a situation the authenticity of a document is in doubt.

    “In evidence act, the original copies are seen as the best evidence rule. In documentary evidence, the originals are the best but there exceptions and if there is no doubt with the copies, then it is as good as the originals. That was what the court based their ruling on and dismissed the application”.

    In his view, it was needless for the petitioner to have pursued this application when their witnesses admitted under oath to having copies.

    He stressed this has had a blow on the petitioner since his application was dismissed.

    Source: rainbowradioonline.com

  • LIVESTREAMING: Day 2 of 2020 Election Petition hearing

    Former President John Dramani Mahama is currently at the Supreme court challenging the verdict of the 2020 elections which declared Nana Akufo-Addo as President.

    The Electoral Commission (EC) declared President Nana Addo Dankwa Akufo-Addo of the New Patriotic Party (NPP) the winner of the 2020 polls, however, Mr Mahama disagrees with the figures put out by the Chair of the Commission.

    John Mahama, the National Democratic Congress (NDC) Presidential Candidate is therefore seeking a rerun of the election because he believes no candidate won the polls.

    The Supreme Court is expected to conduct a pre-trial conference for parties in the 2020 election petition case.

    This is to assist the court and parties organize the proceedings in a manner that will be convenient and also set down the issues for the trial.

    The court today Tuesday, January 19, 2021, is expected to hear the substantive case and give a ruling within a period of 42 days.

    Watch the live stream below.

    Source: www.ghanaweb.com

  • John Mahama speaks after Day 1 of Election Petition hearing

    Former President John Dramani Mahama has told Ghanaians that the Supreme Court has granted him the motion to correct the errors in his election petition filed at the apex court challenging the presidential results of last year elections.

    The Supreme Court started hearing the case on Thursday, January 14, 2020.

    In a tweet after the first day of the hearing, the Presidential Candidate of the National Democratic Congress (NDC) said “The Supreme Court this morning granted the motion for amendment of my petition challenging the results of the 2020 presidential election declared by the Electoral Commission.

    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.

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

    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 December 2020 in respect of the Presidential Election that was held on 7th December 2020;

    (b) A declaration that, based on the data contained in the declaration made by Mrs. Jean Adukwei Mensa, Chairperson of 1st Respondent and the 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;

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

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

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

    Source: 3 News

  • Mahamas ‘moot’ application for live telecast of petition dismissed

    The Supreme Court has dismissed an application by Former President John Dramani Mahama for the court to telecast the election petition live.

    A seven-member panel of the court held that the court had already decided to telecast the petition live and therefore the request by the former President was “moot”.

    As at the time lawyer for the Former President, Tsatsu Tsikata, raised to make the application, there were crew from Ghana Television already telecasting the petition live.

    Source: Graphic.com.gh

  • Election Petition: Hearing begins today

    The Supreme Court of Ghana will today begin hearings on the presidential election petition filed by John Dramani Mahama who is praying the court to order a rerun of the December 7, 2020, election between himself and Nana Addo Dankwa Akufo-Addo.

    He avers that neither him nor Nana Akufo-Addo, named as 2nd Respondent, being the two leading candidates obtained more than 50 per cent of the valid votes cast per the results declared by Jean Mensa, the EC Chairperson on 9 December.

    Mahama argues further that if that 9 December Declaration which was based on wrong results and a wrong calculation of the then outstanding Techiman South Results were considered, then there was no winner, thereby necessitating a rerun.

    In summary, Mahama, through his lawyers, is praying to the Supreme Court to annul the Declaration of 9 December as unconstitutional and further that all subsequent amendments by the EC, to the extent that those amendments were announced without a prior re-collation in the presence of the agents of the candidates as required by Constitutional Instrument (C.I.) 127, but were thrust on the people of Ghana via unsigned press statements are null and void and of no effect whatsoever.

    Akufo-Addo had indicated that the evidence of vote padding produced by the Petition amounts to just 6622 votes, which are insignificant since he was validly elected based on Article 64(1) by a margin of some 500 thousand votes.

    He stated that more than 38 thousand polling station results witnessed by the general public and international observers attest to his win.

    He, however, entered into quicksand in paragraph 35 of his Answer when he stated that the results were “corroborated by all media houses of note in the country as well as many local and international observers”.

    Documents relating to the case reveal a hearing date fixed for Thursday, January 14, 2021.

    Judgement should be delivered by 10 February according to the rules governing the case.

    Source: www.ghanaweb.com

  • Defeated NDC candidate, 4 others petition court to annul Amewus victory

    The 2020 NDC parliamentary candidate for Hohoe constituency, Prof. Margaret Kweku and four others have written to the Ho High Court to annul the election results of the current Hohoe Member of Parliament (MP), John Peter Amewu.

    The other petitioners include Simon Alan Opoku Mintah, John Kwame Obimpeh, Godfred Koku Kofie, and Felix Quarshie, all residents of Santrokofi, Akpafu, Likpe, and Lolobi (SALL).

    The petitioners argue that the failure of the Electoral Commission to allow them to vote in the parliamentary elections breached their rights guaranteed under the constitution.

    They want the EC to conduct fresh elections that include them.

    The EC and the former Energy Minister have been named as defendants.

    Source: Class FM

  • Akoto Ampaw leads Akufo-Addo lawyers to battle John Mahama at Supreme Court

    It has been revealed that the Akufo-Addo, Prempeh & Co law firm led by respected lawyer, Akoto Ampaw will represent President-elect Nana Addo Dankwa Akufo-Addo in the election petition filed by former President John Mahama.

    According to a Starfmonline report, Mr. Akoto Ampaw who was a key cog in the President’s team of lawyers that challenged the 2012 election results will again represent Nana Akufo-Addo at the Supreme Court.

    The firm filed its notice of appearance informing the apex court of its decision to represent its respondent on January 4, 2020.

    The filing of the “Notice of Appearance”, is in fulfillment of Article 64 of the 1992 Constitution and the Supreme Court Rules 1996, (C. I. 16) as amended by C. I. 74 and C. I. 99.

    John Dramani Mahama on December 30, 2020, filed a petition at the Supreme Court challenging the outcome of the presidential elections.

    In a statement after filing the petition, the NDC which he represented in the 2020 elections said: “The Petition was filed pursuant to the partys audit of the 2020 Presidential results and extensive consultations with the National Executive Committee and Council of Elders of the party.

    The first respondent in the petition case (Electoral Commission) will also be represented by Amenuvor & Associates with its lead counsel, Justin Amenuvor in the case which is set to begin after the inauguration of the President.

    John Dramani Mahama per the suit filed at the apex court will have lawyer Tony Lithur as his lead attorney

    Source: www.ghanaweb.com

  • Petition to replace Colston statue with Paul Stephenson reaches 20,000

    A petition to replace the Edward Colston statue with one honouring civil rights campaigner Paul Stephenson has now passed 20,000 signatures.

    Dr Stephenson organised the Bristol bus boycott in the 1960s, which saw campaigners overturn a ban on ethnic minorities working on Bristol’s buses, and which influenced the creation of the Race Relations Act.

    The petition states it is “time Bristol moves forward with its history in the slave trade, acknowledging the evil committed and how it can educate its citizens about black history”.

    Source: bbc.com