The seven-member panel of Supreme Court Judges hearing the election petition brought before the Court by the 2020 NDC Presidential Candidate, John Dramani Mahama, has unanimously dismissed the election petition for lack of merit.
The Supreme Court yesterday, Thursday, 4 March 2021 then upheld the results of last year’s presidential election.
Delivering the judgment, Chief Justice Anin-Yeboah said: “the petition is dismissed as without merit.”
According to the ruling the petitioner, John Mahama, failed to prove that the winner did not cross the constitutionally required threshold of more than 50 per cent of the votes cast, meaning that President Nana Addo Dankwa Akufo-Addo will continue in office as President until his second term is over.
Nana Akufo-Addo polled 51.3 per cent of the valid votes, according to figures from the Electoral Commission while the petitioner, who was the 2020 flag bearer of the National Democratic Congress (NDC), Mr John Mahama, polled 47 per cent.
According to the court, the correction of an error concerning the total number of valid votes cast by the EC Chairperson, Mrs Jean Mensa, was within her mandate and did not affect the will of the people.
Also, the court said Mr. Johnson Asiedu Nketia, General Secretary of the NDC and first witness of the petitioner, confirmed admitted in court during his cross-examination that per the EC’s figures, Nana Akufo-Addo crossed the more-than 50 per cent threshold.
The Judges also indicated that no credible evidence was adduced by the petitioner to contradict the figures announced by the EC and that the figures announced by the EC were “right and represented the will of the people”.
It noted that the petitioner only complained of errors but failed to provide evidence to back those claims that none of the two candidates passed the more-than 50 per cent threshold.
On allegation of vote-padding, the Court ruled that, that was also not proven by any evidence.
“The petitioner has not provided any evidence to rebut the evidence created by the presumption CI135, for which his action must fail. We therefore have no reason to order a re-run as pleaded by the petitioner. We accordingly dismiss the petition as having no merit,” the CJ said in conclusion to over the two-hour judgement.
The court held that the petitioner failed to conclusively prove any of the issues that it had filed for determination on whether or not the petition discloses any reasonable cause of action, 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, whether or not the 2nd Respondent still met article 63 (3) of the 1992 constitution threshold by the exclusion or inclusion of the Techiman South constituency Presidential Election Results of 2020, 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, and 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.
But, Supreme Court upheld the re-election of Nana Addo Dankwa Akufo-Addo as president of Ghana.
Meanwhile, ahead of the declaration of the verdict, the National Communications Officer of the National Democratic Congress (NDC), Sammy Gyamfi claimed that the party has been betrayed by the Speaker of Parliament, Alban Bagbin, and the leadership of the NDC caucus in Parliament.
According to him, Speaker Bagbin, Minority Leader Haruna Iddrissu and Member of Parliament for Asawase Muntaka Mubarak, openly defied the leadership of the party and betrayed the collective good for their selfish interest.
In a facebook post, Sammy Gyamfi stated that “Comrades, the betrayal we have suffered in the hands of the Speaker of Parliament, Rt. Hon. Alban Bagbin, the leadership of our Parliamentary group, particularly Hon. Haruna Iddrissu and Hon. Muntaka Mubarak, and dozens of our own MPs, is what strengthens me to work hard for the great NDC to regain power.”
He said: “They brazenly defied the leadership of the party and betrayed the collective good for their selfish interest. And we, must not let them succeed in their parochial quest to destroy the NDC, the party that has done so much for them and all of us. The shame they have brought on the party will forever hang like an albatross around their necks.”
Sammy Gyamfi said the time has come for the right changes in the leadership of the NDC group in Parliament.
He said, the current leadership have lost their moral authority to lead and are not fit to sit on the front bench of the NDC side of the house, saying that “More importantly, it’s about time we understood, that we don’t have any NDC Speaker of Parliament. No we don’t! We have a Speaker who rode on the back of the NDC into Office to pursue his own parochial agenda and nothing more. You trust them, at your own peril.”
He referred to some people as hypocrites for keeping quiet adding that “If they can defy the party leadership and interest openly and subject all of us to public ridicule, then they can and must also be called out openly. The NDC party is supreme and it must be cleansed.”